A Just Determination ps-1

by John G. Hemry

  Holmes nodded. "Very well. Overruled. Continue, Commander Garrity."

  "Petty Officer Daniels, did the transient you saw correspond to the sort of detection you would expect to see from weapons powering-up?"

  "Yes, ma'am. Exactly that kind of transient."

  "And you reported that detection to your superiors?"

  "Yes, ma'am. I passed it immediately to Commander Garcia, and I heard him pass it to the bridge."

  "Commander Garcia didn't question your detection?"

  "No, ma'am."

  "He informed the bridge that the Michaelson 's combat system sensors had detected a transient which could indicate weapons were being powered-up on the SASAL ship."

  "Yes, ma'am."

  "Has Commander Garcia or Captain Wakeman or any other officer ever questioned your qualifications to occupy your duty station at that console? Do you have their confidence?"

  "No, ma'am, no one's ever questioned my qualifications. I know my job, ma'am. And Commander Garcia and Captain Wakeman, they know I know it."

  "Thank you, Petty Officer Daniels. No further questions."

  Commander Wilkes came forward, eyeing Daniels sternly. "Petty Officer Daniels, isn't it a fact that the combat systems on the USS Michaelson automatically maintain a record of all activity, including any detections by the sensors?"

  "Yes, sir. It's usually on a seventy-two-hour loop, but we can permanently save anything we need to retain."

  "And you did permanently save the combat system recordings of the encounter with the SASAL ship, correct?"

  "Yes, sir."

  "Do those recordings indicate your console ever displayed a transient detection such as you just described?"

  Daniels hesitated, then her face hardened and she stared defiantly back at Wilkes. "No, sir."

  "No? The combat system records indicate there was no transient detected when you say there was? That you never saw such a detection?"

  "I saw a transient detection, sir."

  "How do you explain the fact that such a detection isn't in the combat system records?"

  "I can't, sir. But I saw it. It was plain as day. I know my job."

  "I'm sure you do, Petty Officer Daniels." Wilkes held up his data link. "Trial counsel would like to introduce into the trial record this exhibit, which is an excerpt from a standard, definitive text on psychological wish fulfillment. In summary, it states that in periods of crisis or other intense emotion, individuals are capable of seeing things they expect to see, rather than what is actually there. Examples are provided herein from past military engagements in which combatants 'saw' nonexistent threat information."

  The judge nodded. "The excerpt is accepted as appellate exhibit six."

  Wilkes turned back to the witness stand. "Petty Officer Daniels, isn't that possible? That you saw something that wasn't there because of the tense atmosphere inside the Combat Information Center?"

  Daniels stared steadily back at Wilkes. "Sir, I didn't imagine anything. I saw it."

  "I'm sure you believe that, Petty Officer Daniels. I wouldn't suggest otherwise. But you were tense, weren't you?"

  "Yes, sir."

  "Everyone in Combat was tense, weren't they?"

  "I'd say so, sir."

  "Why?"

  "Because of the situation, sir. Because that SASAL ship was coming right at us and not saying a word."

  "How did you get into that situation, Petty Officer Daniels?"

  "Sir?"

  "How did the Michaelson come to be so close to the SASAL ship despite the other ship's failure to communicate?"

  "We intercepted that ship, sir."

  "So you wouldn't have been as tense if the Michaelson hadn't been in that position? If your commanding officer hadn't created a situation in which you were so fearful you imagined you saw weapons being powered-up on the other ship?"

  "Objection!"

  "I withdraw the question. No further questions."

  Garrity was looking down at the surface of the defense table, her mouth a thin line. Paul felt a stab of sympathy for both her and for Petty Officer Daniels, who was trying to maintain a cool military bearing despite Wilkes' attack on her testimony. Finally, Garrity looked up. "No further questions."

  The next witness was Petty Officer Li, whose testimony went much like Daniels' had. Yes, he'd seen a transient, too. Yes, he was absolutely certain. No, he couldn't explain why the combat systems had no record of having displayed such a detection. When Li left the witness stand, Paul felt the testimony of the two Operations Specialists had resulted in a draw between the trial counsel and the defense with no gain for either side. Which would make what he had to say more important than ever.

  I'm the last witness. Paul stole another look backwards to where the junior officers sat. Jen and Kris gave him twin thumbs up. Carl Meadows made a gesture of squeezing something between his palms, then grinned reassuringly. Right. No pressure. Hah. I feel like I'm under three g's of acceleration.

  "The defense calls as its next witness Ensign Paul Sinclair."

  He walked up to the witness chair, no longer aware of anyone else in the courtroom. Commander Wilkes came into his line of vision. Whatever Wilkes thought or felt about Paul wasn't betrayed by his fixed expression as he 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?"

  Paul's mouth and throat suddenly felt dry. "I do."

  Wilkes left and Lieutenant Commander Garrity came before him. "Are you Ensign Paul Sinclair, assigned as primary duty Assistant Combat Information Center officer and collateral duty ship's legal officer to the USS Michaelson?"

  "Yes, ma'am."

  "And in your capacity as ship's legal officer, did the ship's executive officer, Commander Herdez, ask for your interpretation and assessment of the operational orders issued to the USS Michaelson governing its last patrol?"

  "Yes, ma'am."

  "And did you provide such an assessment?"

  "Yes, ma'am."

  "Please summarize that assessment."

  "Yes, ma'am." Paul took a deep breath before he started speaking. "Basically, I told the XO, Commander Herdez that is, that the orders seemed to be very broad in a number of critical areas, and also vague on a number of very important points."

  "What made them very broad?"

  "The wording, ma'am. The orders kept using terms like 'appropriate' and 'necessary' to describe what the captain should do instead of setting parameters, but then they'd turn around and say he shouldn't do anything that'd be wrong, but they didn't specify what that might be. You ended being confused after reading them as to what was and was not mandated, what was and was not prohibited."

  "Shouldn't the captain have known what would be wrong, Ensign Sinclair? What was mandated and what was prohibited?"

  "No, ma'am. The orders said we, our ship, needed to do anything necessary and appropriate to carry out our primary mission. It said the captain 'shall' do anything needed to counter attempts to violate our sovereign claim to that area of space. The kind of wording pretty much leaves it up to the captain to decide what methods are, uh, necessary and appropriate."

  "Ensign Sinclair, this court has heard extensive testimony that Captain Wakeman's actions and decisions violated numerous standing orders and instructions. Do these orders which you have characterized as broad and vague have any bearing on those charges?"

  "Yes, ma'am. Specific orders always take precedence over standing orders."

  "Give an example of that, Ensign Sinclair."

  "Well, take the standing order that ships remain within their assigned patrol areas for the duration of their mission. If you received an order from fleet staff telling you to leave your patrol area, you'd have to obey it regardless of what the standing orders say. Otherwise the fleet staff wouldn't be in charge, the standing orders would be."

  Garrity looked toward the members table, then back at Paul. "Where did you learn that,
Ensign Sinclair?"

  "At the Academy, ma'am, and again in space warfare specialty training."

  "So it's taught to new officers as a pretty basic guiding principle?"

  "Yes, ma'am."

  "What did his orders say Captain Wakeman was to do in the event a foreign ship challenged United States sovereignty of the area you were patrolling?"

  "They said he had to, uh, counter any such challenges."

  "He had to? No vague wording?"

  "The orders said 'shall,' ma'am, and I was taught 'shall' and 'will' means you have to do something."

  "Captain Wakeman had to do something. What?"

  "The orders didn't specify, ma'am. They said he should do what was necessary and appropriate."

  "Did they say what he shouldn't do?"

  "Sort of. That's the word they used. Should. Captain Wakeman 'should' refrain from doing anything which would, uh, cause adverse effects on, uh, U.S. foreign policy." Paul fought to keep his voice steady as his memory faltered. He'd gone over those orders a hundred times in recent days, trying to memorize the critical passages, and had intended doing so again last night. Jen's surprise had altered those intentions, not that Paul regretted that fact even as he desperately tried to dredge up the right phrasing from his memory.

  "And what does 'should' mean?"

  "It means you ought to, ma'am."

  "Ought to? Not have to?"

  "That's right, ma'am."

  Garrity began pacing slowly back and forth. "Let me see if I understand your testimony, Ensign Sinclair. You were asked by Commander Herdez to provide an analysis of your operating orders for the USS Michaelson 's last patrol. You did so, stating that the orders were broad, vague and unclear."

  "Objection. Ensign Sinclair never characterized the orders as 'unclear.'"

  "I will rephrase. Ensign Sinclair stated the orders were broad and vague. The orders left considerable room for the captain's judgment as to what actions would be necessary and appropriate in carrying out the ship's primary mission, while cautioning the captain in less forceful language not to undertake other unspecified actions. Those orders took precedence over standing orders and instructions according to what the United States Navy teaches even its most junior officers. Is that an accurate summation?"

  Paul had no idea how his words were being received by the members of the court-martial or any of the spectators or even Wakeman himself. He kept his eyes locked on Lieutenant Commander Garrity, afraid his composure might be rattled beyond repair if he saw negative reactions too clearly displayed. "Yes, ma'am. That's what I said."

  "Given that interpretation, did Captain Wakeman's actions fall within the parameters set by his orders?"

  "Yes, ma'am, I would argue that they did in most cases." There was a rustling sound, as of people whispering and moving, but Paul stayed fixed on Garrity.

  "You think Captain Wakeman did the right thing in every instance cited by the prosecution?"

  Paul licked his lips, trying to wet his dry mouth and throat before answering. This one question could make or break my credibility. Careful. Careful. "No, ma'am. I do not think he did what I would personally consider the right thing in every instance."

  "Then why are you defending the fact that he took such actions, Ensign Sinclair?"

  "I'm not defending Captain Wakeman's actions. I'm not saying they were right. I'm saying that his orders could be interpreted by a reasonable person to have authorized Captain Wakeman to do much of what he did."

  "You're saying he acted according to his orders."

  "In most cases, yes, ma'am."

  "Because those orders were worded broadly enough, vaguely enough, that they authorized Captain Wakeman tremendous freedom to act in carrying out a mission he was required to carry out."

  "Yes, ma'am."

  "Don't you believe Captain Wakeman should be held accountable for the errors in judgment he made as a result?"

  Paul stared at her, perplexed. Why is she arguing against Wakeman? Or is she just trying to bring out stuff Wilkes is sure to bring out when he gets a shot at me? "Yes, ma'am. We all have to be held accountable when we make mistakes. But if you give me an order, and word it so vaguely that I'm not sure what it is I'm supposed to do or how, and I guess wrong, then I'm not the only one responsible for whatever happens. Whoever issued the orders shares responsibility."

  "You're saying Captain Wakeman's errors occurred as a result of the orders he was operating under? That therefore holding him solely accountable for those errors would be… what?"

  "Unjust, ma'am." Another rustle of sound. Paul hoped he wasn't sweating, at least not so anyone could tell.

  Garrity came to stand directly before Paul, her face stern. "Let's establish something for the record, Ensign Sinclair. Do you like Captain Wakeman?"

  "Ma'am?"

  "Captain Wakeman. Do you like him? As an individual?"

  "No, ma'am."

  "Do you respect him? Do you think he was a good commanding officer?"

  Paul licked his lips again. "No, ma'am."

  "A good leader?"

  "No, ma'am."

  "Did you personally agree with most of the decisions made by Captain Wakeman during the period leading up and including the encounter with the SASAL ship?"

  "No, ma'am."

  "Then why are you here, Ensign Sinclair? Why did you volunteer to testify in his defense? For a man you neither like nor respect as a commanding officer?"

  "Because… I thought it was my duty to do so."

  "Your duty? To strive for what result?"

  "A just result, ma'am."

  "Thank you, Ensign Sinclair. No further questions."

  Paul took several deep breaths as Garrity walked back to the defense table, then stopped, afraid of hyperventilating. He kept his eyes lowered and unfocused, not willing to scan the crowd of spectators.

  "Trial counsel, you may cross-examine."

  Commander Wilkes walked briskly up to the witness stand, then eyed Paul with just a trace of disdain apparent. "Ensign Sinclair, how long you have been a naval officer?"

  Paul had expected a question along those lines. "Almost five years, sir."

  Wilkes raised one skeptical eyebrow. "Five years? I'm not talking about time at the Academy, Ensign. I'm asking how long you've been a commissioned naval officer."

  "Almost five years, sir."

  Captain Nguyen broke into whatever Wilkes had been planning to say next. "Excuse me, Commander Wilkes, Captain Holmes. Midshipmen at the US Naval Academy are commissioned naval officers. Ensign Sinclair's answer is accurate."

  Wilkes nodded, recovering quickly. "Thank you, Captain. Let me put it this way, Ensign Sinclair. Aside from periods spent in school or training, how much time have you spent in actual fleet operations?"

  The question stung coming from Wilkes, someone Paul was certain had never spent a day in the fleet, but Paul kept his voice from betraying that emotion. "About six months, sir."

  "Six months? That's all?"

  "Yes, sir."

  "Whereas Commander Garcia has over sixteen years of fleet experience?"

  "Yes, sir."

  "And whereas Lieutenant Sindh has six years of fleet experience? But you only have six months?"

  Lieutenant Commander Garrity stood. "If it please the court, trial counsel is badgering the witness. The defense is prepared to stipulate that Ensign Sinclair has relatively less fleet experience than the other officers who have testified."

  Judge Holmes nodded. "Very well. Let the record so stipulate. Move on, Commander Wilkes."

  "Yes, Your Honor. Ensign Sinclair, how would you characterize your performance as a fleet officer?"

  "Objection."

  "Sustained. Commander Wilkes, copies of Ensign Sinclair's fitness evaluations to date have been entered in the court records. We don't need to go over that ground in your questioning."

  "Yes, Your Honor. Ensign Sinclair, your legal experience is limited to four weeks, isn't that correct?"

  "No, si
r. My legal training is limited to four weeks. Since reporting to the Michaelson and being designated the ship's legal officer, I have been involved in legal issues on almost a daily basis."

  "I see. Do you think this qualifies you as a lawyer?"

  "No, sir."

  "Do you aspire to be a lawyer?"

  " No, sir."

  Wilkes indicated his data link. "I have a supplemental statement from Commander Garcia which I'd like to enter into the record. Commander Garcia states in it that Ensign Sinclair used his legal duties as an excuse to avoid carrying out his line officer duties."

  Judge Holmes looked over at Garrity. "You're not objecting?"

  Garrity stood and smiled. "No, your honor. The defense would also like to enter a supplemental statement into the record. A statement from Commander Herdez, Commander Garcia's superior officer, to the effect that Ensign Sinclair spent time on ship's legal officer duties only in direct response to tasking from her and Captain Wakeman."

  "I see. This appears to come down to a personnel management issue. What would the members recommend?"

  Admiral Fowler grinned. "Let's junk both of them."

  Wilkes actually looked rattled for a moment. "Admiral?"

  "You heard me. I don't see where entering these statements into the record will prove anything. I'm sympathetic to the feelings of a department head that one of his subordinates is being diverted from his primary duties by a collateral duty. But I am also sympathetic to the demands made upon the time of a junior officer and the need to devote time to responding to appropriate collateral duty tasking from his superiors. Unless Commander Garcia's statement contains an itemized list of incidents and times where Ensign Sinclair failed to carry out his primary duties as a result of lower-priority tasks related to his job as ship's legal officer, I don't regard it as proving anything. Captain Nguyen? Captain Feres?"

  Nguyen nodded. "I agree, Admiral."

  Feres frowned, then nodded as well. "I can see grounds for complaint on Garcia's part but… yes, Admiral. There's no point in introducing these statements."

  "Captain Valdez? Captain Bolton? Do you also agree? It's unanimous, Captain Holmes."

  Wilkes seemed ready to continue to his argument, but Judge Holmes forestalled him with one hand held up in a stop gesture. "It's decided, Commander Wilkes. The members make a persuasive case. Neither supplemental statement will be entered into the court record. Please continue with your questioning of Ensign Sinclair."