A Just Determination ps-1

by John G. Hemry

  Everyone stood silent, their expressions fixed with professional lack of emotion.

  "Very well. Dismissed. Duty officers return to the ship."

  Herdez turned and began walking toward the location where the court-martial would be held, a courtroom near fleet staff headquarters. The straight ranks of officers dissolved, the department heads following individually in Herdez' wake, while the junior officers clustered into a few small groups to give their seniors time to get out of easy earshot. "I'm sorry I'm going to miss this," Kris Denaldo remarked. "But duty calls."

  Paul shrugged. "You won't miss all that much today. A lot of what happens today should be boilerplate legal procedure, the sort of stuff they do in every trial."

  "How do you know that?"

  "It's in the Manual for Courts-Martial."

  Jen speared Paul with an intent look. "Have you changed your mind?"

  "About testifying for the defense? No, I haven't changed my mind."

  "Not worried, huh?"

  "Right, Jen. I'm not worried. I'm terrified."

  "But you're doing it anyway, huh? Well, good luck."

  Paul stared at her, surprised. "Really? I thought you thought I was an idiot for doing this."

  "I changed my mind. Listen, I may have to bail out of the court-martial early today because of a test being run on some of my gear. Make sure you look me up when you get back to the ship."

  "Sure."

  They all followed after the senior officers, catching up with them outside the entrance to the court room. The separate groups of officers stood around awkwardly until the court's bailiff cracked the door. "You may all enter now. Witnesses should sit in the front row of seats. All spectators must be seated behind them."

  Paul found himself suddenly worried that the front row would be so narrow that he'd find himself shoe-horned between Garcia and Herdez, but there were enough seats that everyone was able to sit at least one seat away from anyone else.

  He glanced around the room, trying to calm himself. Relax. You aren't going to be doing anything for at least a day or two. They have to run through all the stuff they always do at the start of a court-martial, then the prosecution will call all its witnesses, and only then will I be called. No sense sitting on the edge of my seat the whole time.

  Front and center in the courtroom sat the judge's bench, elevated above the rest of the tables and seats. Two doors in the back of the room presumably led to the judge's chambers and to the room where the members of the court would wait and relax. On one side of the room, angled to face the area just before the judge's bench, a long table draped with a Navy blue tablecloth and equipped with five chairs was obviously intended for the senior officers who would serve as the members of the court. Facing the judge's bench on either side were the two tables where the trial counsel and the defense counsel would be seated, as well as Captain Wakeman himself at the defense table. A few meters behind those tables the ranks of witness and spectator chairs began, an aisle up the center left clear.

  Somewhere, invisible in the gray uniformity of the walls around him, fiber optic lenses allowed cameras to not only record the entire trial, but also provide a means for remote observers to monitor the court-martial as well. Carl says the SASAL observers weren't allowed in the court room because Admiral Fowler threatened to raise hell, so they ginned up the excuse that classified material might be discussed and made the SASALs watch from a remote site with a video feed that could be censored. Just as well. I sure don't want them in here making me feel even guiltier about what we did to that ship than I already am.

  Paul twisted around to see the rest of the room, seeing the other junior officers seated several rows behind him against the back wall of the court room. Carl Meadows caught his eye, then he, Mike Bristol and Jen each raised a hand to wave at him while they grinned inanely like merry vacationers on tour. Paul grinned back, shaking his head. Thanks, guys. Glad to know you're with me, even though none of you seem to think I know what I'm doing.

  The main entry door opened again. Commander Wilkes, the trial counsel, strode rapidly up the aisle and to his table. A few moments later, Lieutenant Commander Garrity entered, with Captain Wakeman following close behind her. The courtroom, already quiet, seemed to lose every trace of sound as Wakeman walked stolidly up the aisle, his face fixed in stubborn determination. With a gesture, Garrity invited Wakeman to sit at the defense table, then seated herself. Looking back, she saw Paul and nodded in recognition. Paul almost felt afraid to breathe, fearing the sound would somehow shatter the silence engulfing the court room.

  The bailiff walked to the front center of the room near the judge's bench, the eyes of everyone in the room on him, and cleared his throat as if he needed to do so to attract attention. The sudden sound came as a relief, and Paul inhaled deeply. The bailiff scanned the room to ensure he had everyone's attention. "When the military judge enters, I will announce 'All rise,' and everyone is to rise. The military judge will instruct everyone to be seated. When the judge directs me to summon the members of the court, everyone should rise once again. The military judge will once again instruct when you are to be seated. Are there any questions?"

  After waiting a moment, the bailiff went to the side entrance, cracked the door, and spoke briefly in a low voice, then came back to stand near the judge's bench, looking toward the side entrance. As the door swung open wider, the bailiff faced forward. "All rise."

  Everyone in the room stood, waiting as Captain Holmes strode to her bench and sat down before looking around. "This Article 39 (A) session is called to order. You may be seated."

  Commander Wilkes stood. "The court-martial is convened by general court-martial convening order 0312, Commander, United States Space Forces, copies of which have been furnished to the military judge, counsel, and the accused. The charges have been properly referred to the court-martial for trial and were served on the accused on 18 January 2099. The accused and the following persons detailed to the court-martial are present: Rear Admiral Fowler, Captain Nguyen, Captain Holmes, Captain Feres, Captain Valdez, Captain Bolton, Commander Wilkes, Lieutenant Commander Garrity."

  "Very well. Bailiff, please ask the members of the court-martial to enter."

  The bailiff went to another door, cracked it, nodded, then stood aside. "All rise."

  Everyone stood again as Rear Admiral Fowler led the four captains into the courtroom and over to their table. Fowler took the center seat. Captain Nguyen and Captain Feres hesitated, the Nguyen sat to Fowler's right and Feres to his left. The supply Captain, Valdez, took the outside seat to the right and Captain Bolton, the intelligence officer, took the outside seat to the left. Admiral Fowler looked to both sides. "Everybody in the right seats by seniority? Good." He nodded to Judge Holmes.

  "You may be seated," the judge advised everyone else in the courtroom. "Continue, trial counsel."

  Wilkes faced partway between the judge's bench and the members' table. "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 Commander Garrity stood. "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."

  Captain Holmes nodded to both the lawyers, then looked toward Captain Wakeman. "Captain Peter Wakeman, you have the right to be represented in this court-martial by Lieutenant Commander Garrity, 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 Commander Garrity, your detailed counsel, continue to help in your defense. Do you understand?"

  Wakeman lic
ked his lips before replying. "Yes. I understand."

  "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."

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

  "No."

  "Who do you want to represent you?"

  "Commander Garrity."

  "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."

  Wilkes walked forward a few paces, then pivoted to once more face both the judge and the members of the court-martial. "The general nature of the charges in this case allege negligent and reckless behavior on the part of Captain Wakeman which resulted in loss of innocent life. The charges were preferred by Commander, United States Naval Space Forces, and forwarded with recommendations as to disposition to Commander, United States Space Forces." He looked directly at the judge. "Your Honor, are you aware of any matter which may be a ground for challenge against you?"

  "I am aware of none."

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

  Garrity stood again. "The defense has no challenge for cause against the military judge."

  The judge looked at Wakeman once more. "Captain Wakeman, 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."

  "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, I understand that."

  "Have you discussed these choices with your counsel?"

  "I have."

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

  From where Paul was sitting, he couldn't tell if Wakeman had glanced over at the members before answering. "By members."

  "Very well." The judge gestured to Wilkes. "The accused will now be arraigned."

  Wilkes indicated the data link he held in one hand. "All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?"

  Garrity didn't bother looking toward Wakeman before she replied. "The accused waives reading of the charges."

  The judge nodded to Wilkes. "The reading may be omitted."

  Wilkes nodded back. "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."

  Judge Holmes focused on the defense table again. "Captain Wakeman, 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."

  Garrity stood more slowly this time. "Your Honor, the defense moves that all charges be dismissed as being at variance with naval custom and regulations requiring commanding officers to execute their orders to the best of their ability and guard their ships against harm."

  "The motion is denied. It has already been noted that the charges were properly brought by Captain Wakeman's operational commanders. Do you have any further motions?"

  "No. Captain Wakeman pleads not guilty to all charges and specifications."

  "Very well. Will the prosecution make an opening statement?"

  Commander Wilkes nodded again. "Yes. The prosecution intends to demonstrate that Captain Wakeman disregarded his orders to patrol a designated area of space claimed by the United States, that he conducted an unauthorized intercept in unclaimed space territory of a ship belonging to another nation, and that this intercept was conducted in a reckless, negligent and aggressive manner which culminated with Captain Wakeman ordering his ship to fire on an unarmed ship, resulting in the deaths of thirty-seven civilians and the effective destruction of the other ship. Captain Wakeman had numerous opportunities to follow other courses of action, but he rejected every chance to conform to his orders and standing instructions, and to defuse a situation which became deadly as a result of his own carelessness. As such, Captain Wakeman should be found guilty on all charges and specifications, for each charge and specification is based upon his decisions, his actions, and his failures to properly command his ship."

  Wilkes returned to stand by his table while Judge Holmes looked toward Lieutenant Commander Garrity. "Will the defense make an opening statement?"

  "Yes, Your Honor. The defense intends to prove that Captain Wakeman was indeed following his orders as reasonably interpreted by himself and other members of his crew. Further, the defense contends that Captain Wakeman's encounter with the civilian ship of the South Asian Alliance was marked not by recklessness or carelessness, but by a compounding series of events which left Captain Wakeman perceiving only one course of action to ensure the safety of his own ship. As such, the defense intends to demonstrate that Captain Wakeman should be found not guilty on all charges and specifications."

  Garrity sat again. Judge Holmes looked around the court, her gaze lingering on the officers from the Michaelson, then settling on Commander Wilkes. "Proceed."

  "Thank you. The United States calls as its first witness Commander Allan Garcia."

  Garcia stood and marched to the witness stand. He'd obviously made an effort to look immaculate, but the extra pounds of weight around his waist spoiled the effect somewhat. Wilkes came to stand before him. "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 Commander Allan Garcia, United States Navy, Operations Department Head on the USS Michaelson?"

  "I am."

  "Do you know the accused?"

  "Yes. Captain Wakeman has been my commanding officer for the past year."

  "Now, Commander Garcia, as Operations Department head, were you familiar with the orders issued to the USS Michaelson during the ship's last patrol?"

  "Yes. Intimately familiar. That's part of my job."

  "In general terms, what did those orders require of the USS Michaelson?"

  "Well, in general, we were required to patrol through the American zone and challenge any third-party shipping which entered the zone without requesting and receiving permission."

  "Did the orders indicate you should leave this patrol area at any time?"

  "Not explicitly, no."

  "When the USS Michaelson moved to intercept the vessel henceforth to be referred to as the SASAL ship, and the SASAL ship responded to this challenge by fleeing the area, did you regard your orders as having been satisfied?"

  "Yes, I did. That's what they said. Challenge anyone entering the zone without permission, and that's what we did."

  "But Captain Wakeman ordered the Michaelson to pursue the SASAL ship. Did he consult with you regarding this decision?"

  "No."

  "Did he seek your advice, as the department head responsible for operational matters?"

  "No."

  "After sustaining his pursuit for sometime, Captain Wakeman brought the Michaelson close to the SASAL ship. Would you describe, in your own words, what happened?"

  "Well, I was in Combat. The Combat Information Center, that is. Because we were at general quarters. Captain Wakeman tried to tell the SASAL ship to heave to so we could board it for inspection, but they didn't respond."

  "Do you believe your orders authorized him to make this demand of the SASAL ship once it had left the American zone?"

 
; "No. There wasn't anything in there about that."

  "How did Captain Wakeman attempt to communicate his demands to the SASAL ship?"

  "We tried a lot of ways. Radio first, of course, then visual signaling, and finally some particle beam taps on the SASAL's hull."

  "Did the SASAL ship respond to any of these attempts to communicate?"

  "No. Not a word."

  "Commander Garcia, if you encounter another ship in international space which refuses to respond to your communications, what is standing policy for dealing with that situation?"

  "Well, you make sure he's not in distress, and if he's not then there's not much you can do."

  "What did Captain Wakeman do?"

  "He ordered us to fire a warning shot across the SASAL ship's bow."

  "A warning shot? Had he determined whether or not the SASAL ship was in distress?"

  "Uh… no. We didn't take any steps to do that."

  "So Captain Wakeman ordered you to use force in an attempt to compel the SASAL ship to comply with his instructions?"

  "Yes."

  "And what happened after you fired that shot across the bow?"

  "The SASAL ship maneuvered. He turned his bow toward us and lit off his main drive so his course intersected ours."

  "Intersected? You mean there was a risk of collision at that point?"

  "Yes."

  "And you recommended to Captain Wakeman that he maneuver the Michaelson to open the distance with the SASAL ship, didn't you?"

  "Yes. More than once. That's standard procedure."

  "And did Captain Wakeman do that? Did he follow standard procedure?"

  "No. We maintained course and speed the entire time."

  "And while the SASAL ship continued to close on the Michaelson as Captain Wakeman took no corrective action, what action did Captain Wakeman order?"

  "He ordered us to lock weapons onto the SASAL ship, and about two minutes before the SASAL ship reached its closest point of approach he ordered us to fire on it."

  Wilkes leaned forward, looking at Garcia intently, then faced the members of the court-martial as if addressing them instead of Garcia. "So, Captain Wakeman brought his ship close to the SASAL ship by leaving his ordered patrol area. Once close to that ship, he ordered it to comply with his instructions even though it had no legal obligation to do so. When it refused to respond to his commands, he ordered a shot fired near it, and when it reacted by turning to close on his ship Captain Wakeman ignored repeated advice to maneuver his own ship and instead ordered you to fire on the other ship. Is that correct, Commander Garcia?"