"What?"
"Look." Bashir leaned back and spread his hands helplessly. "This is how the government's looking at it. Lieutenant Shen is charged with sabotaging the equipment on the Maury, causing it to blow up and kill scores of sailors. If she's free on Franklin, she could presumably do the same thing here."
"That's so completely ridiculous."
"Maybe. But the government's convinced the military magistrate, so Lieutenant Shen is in the brig and in the brig she will almost certainly remain."
Paul slumped back. Great. This guy isn't even going to fight for her. "Have you even talked to her yet?"
Bashir picked up on Paul's tone of voice and attitude, leaning forward and pointing both fore-fingers at him. "Yes. I have. And I'm going to do everything I morally and legally can to get her acquitted of these charges. Clear?"
"Clear. What can I do?"
The Navy lawyer relaxed again, shaking his head. "I don't like this. I don't mind telling you. Secret Article 32 Investigation. Secret findings. Secret hearings. I've demanded to see all the evidence they've compiled to justify those charges against Ms. Shen, but as far as I know right now it's all circumstantial."
"Won't that help us?" When we tried Silver on circumstantial evidence, they didn't want to convict him of some charges because of the uncertainty of his guilt.
"It should, but…" Bashir rubbed his face. "You try someone for one murder on circumstantial evidence, and everybody gives them the benefit of the doubt. Try them for six murders on circumstantial evidence and they assume they're guilty. Why? Because they've been charged with something extra bad."
"That doesn't make sense."
"Tell me about it. But that's the way it works. People figure if someone's charged with something so bad, there must be good reasons." Bashir slapped his desk. "Even if there aren't. Tell me about Jen Shen."
Paul spoke, at first hesitantly, then more quickly. Bashir listened closely, occasionally asking questions. "She sounds like a great officer."
"She is a great officer!"
"But they're trying her for some pretty horrendous crimes. Why?"
"I hoped you know."
Bashir thought, looking up at a corner of his office. "This is a big deal, of course. The Maury badly damaged. A lot of her crew dead. Lots of attention. A lot of people wanting to blame the South Asians even if that means we start shooting. The authorities have to find a cause, and I'm sure they don't want to find one involving the SASALs."
"Are you saying they're going to use Jen as a scapegoat?"
"Maybe. She seems like an odd choice, though. And they'll have to fill in some blanks if they hope to make that stick. I can't see Alex Carr playing along with that kind of thing, either." He looked closely at Paul. "You could be asked to testify against Lieutenant Shen, you know."
Paul's laughter sounded harsh even to him. "Let them. I'd back Jen one hundred percent."
Lieutenant Bashir rubbed the back of his neck with one hand and smiled halfheartedly. "I'm sure. Odds are the prosecution realizes that. Besides, they don't want to build sympathy for Lieutenant Shen, and putting her officer boyfriend up on the witness stand is likely to do just that. Still, those questions you said the agents were asking Lieutenant Shen. If they uncover any evidence which might make you look wronged, they might still do it."
"Evidence that I've been what?"
Bashir looked away for a moment, plainly uncomfortable. "Is there any of that?"
"Any of what?"
"Indications that since meeting you Lieutenant Shen has committed personal indiscretions, been involved in other relationships-"
"No!"
"Paul, I understand your emotions, but I need to be aware of anything which might impact on Lieutenant Shen's defense. I assure you nothing you tell me will ever-"
"There's nothing to tell you!"
"I won't be able to prepare to counter anything they find if I'm not already aware of it."
Paul fought to control his temper, feeling his face warming with anger. "Sir. There's nothing to be aware of."
Bashir looked down at his hands, speaking carefully. "Nobody's perfect. You know the Navy. Long separations. Close working relationships-"
"It hasn't happened. Jen would've told me. She's not perfect. But she's honest. She wouldn't lie to me."
"It wouldn't have to be an actual indiscretion, you realize, just something that looked like one. Anything which an outsider might interpret as, uh, infidelity towards you."
Relax. He's trying to help. "I swear I don't know of anything like that."
"Nothing that anyone might twist around?"
"No. I've never heard of anything."
"What about you?"
"What?!"
"Anything that might imply fooling around on your part? Something that would've made her jealous."
I don't believe this. I do not believe it. "No."
"Are you going to be available at any time during the trial?"
"I'll be there every day."
Bashir's eyebrows rose. "I thought you were assigned to a ship."
"I am. They just put her in restricted availability. She needs a lot of work inside and her hull took a lot of damage from debris from the Maury. Not structural stuff, but sensors and that kind of thing. The Michaelson won't be going anywhere for months, and my department head and commanding officer have both told me to take as much time off as I need."
"Well, good. I guess."
"I want to be able to see Jen. In person."
"I'm not sure-"
"Please."
Bashir rubbed his forehead. "Okay. I'll do everything I can. If you know anyone with any influence at the brig, it wouldn't hurt to ask them to help. And I'll have to make sure the government doesn't object."
"Commander Carr and I… have worked together before."
"Really?" Bashir's smile was rueful. "Then you know what a challenge defending Lieutenant Shen is going to be. I understand the government even tried to get a statement out of a chaplain who counseled Lieutenant Shen after she got back to Franklin."
"Commander Hughes?"
"Yeah. She told them to pound sand. My kind of chaplain."
"Mine, too."
"I'll let you know as soon as I've had a chance to look at the government's case. I want you to see everything as well, since you apparently know Lieutenant Shen better than anyone else." Bashir paused. "Except maybe her father. And his ship, I understand, won't be back from patrol until the court-martial's likely to be over. I wonder if he even knows what's happening?"
"I don't know. Jen asked me not to send him anything, but he might hear from someone else. If the Mahan gets any mail or news updates."
"Well, nothing we can do about that." Bashir rose and extended his hand. "I won't say anything stupid like 'don't worry.' But people like to say I'm smarter than I look."
Paul grinned, feeling a bit better, and shook Bashir's hand. "You'll win this case."
"Against Alex Carr? That'll be a feather in my cap. I'll call you, Paul. Try to get some rest until then. You look pretty beat up."
I bet Jen looks worse. How can I rest with her alone in the brig? "Okay."
His parents took the news with outward calm. "Oh," was all Paul's mother said. His father said nothing at all and just tried not to let anything show in his expression.
Somehow, Lieutenant Bashir, Sheriff Sharpe and Chaplain Hughes were able to get the necessary strings pulled for a visit to the brig to actually see Jen in person. Jen had obviously done her best to look good, though given the limitations of her cell and her unadorned uniform that still left her appearing far from great, especially in the bare surroundings of the brig's secure visiting area. From the look in her eyes, Paul could tell Jen knew that she looked every inch a prisoner. But she stepped forward as if she were on the bridge of her own ship, managed a small smile and extended her hand to Paul's father. "Commander Sinclair. It's a pleasure to meet you."
To Paul's relief, his father took the offered h
and. "Retired. I'm just plain Frank Sinclair, now." He gestured to Paul's mother. "And this is the other Commander Sinclair. Also retired."
Jen nodded and smiled again. "A pleasure, ma'am."
Paul's mother made a small smile as well. "I have to admit, Lieutenant Shen, I never imagined meeting you for the first time in this, uh, environment."
Jen's smile grew even more forced. "Believe me, it's not my idea. And please call me Jen."
"Alright… Jen. Please, let's sit down."
Jen sat in one the plain metal chairs, which was bolted securely in place like every other object in the visiting room. Jen's movements were stiff, and she shot Paul a quick glance before looking back at his parents. "Thank you. How'd you get up to Franklin?"
Frank Sinclair shrugged. "A couple of retired commanders ought to know enough people to get them a space-available slot on a shuttle. But actually we're up here working for Con-Dyn on some system upgrades for the station.;"
"Paul tells me you've both been in space before."
"That's right. I rode one of Genghis Conner's research platforms. That's where I met Mrs. Sinclair. She was a ship driver like you two."
"That's what Paul said. What ships, ma'am?"
"The Glenn and the Carpenter." She smiled ruefully. "It was rough duty. They made me chief engineer on the Carpenter. I was always afraid I'd mess something up…" The smile vanished. "Oh, I'm… sorry."
Jen's polite smile froze. Silence fell, increasingly uncomfortable as the seconds ticked by. "I'm innocent of these charges. Totally innocent."
Paul nodded. "I already told them that."
"Too bad you won't be allowed to serve on the court-martial."
Paul tried to think what to say next. Say anything. What would I say if we were just together like usual? Some joke, I guess. "I tried to pack it with members of the Michaelson' s wardroom, but I think they caught on to me."
Jen gave him a blank look, then smiled sardonically. "The lawyers? Of course they did. They all know you. I expect you're on a first-name basis with every lawyer on Franklin."
"Hardly."
Paul's father coughed. "Whistling past the graveyard, folks? It's a time-honored tradition in cases like this, but given the severity of the charges-"
Jen grimaced. "I'm sorry, sir. You're right. I'm under a lot of stress and I-"
"Have nothing to apologize for," Paul interjected.
"I can finish my own sentences, Paul Sinclair."
Paul looked at Jen, letting his surprise at her anger show, then nodded in agreement. It's not like she doesn't have every right to be tense. "Yes, you can."
Jen shook her head, her own gaze dropping. "I'm sorry, Paul. I… just started another sentence like that. But this is so hard. Commander Sinclair and, uh, Commander Sinclair, I've looked forward to this meeting, but like everything else in my life lately it hasn't gone as I expected. I'm very grateful for Paul's support. Oh, hell, I'm very grateful for Paul. No matter what happens."
Mrs. Sinclair eyed Jen. "What do you expect to happen?"
"Expect? I don't know what to expect, anymore. They've charged me with killing my shipmates! I couldn't ever do that, but the Navy's trying to prove I did do it. Now, I don't know what else to expect. Nothing makes sense."
"Surely you have witnesses-"
"My witnesses are dead, ma'am."
Mrs. Sinclair paused. "Paul says you've a great reputation."
Jen's smile seemed half-born of pain. "Oh, yes. A great reputation. That doesn't seem to have helped much."
Paul shook his head. "Jen's still in confinement because the government's arguing that she could sabotage Franklin like they say she did the Maury."
Paul's mother leaned close, looking directly into Jen's eyes. "But you're innocent."
Jen locked eyes with Paul's mother. "Yes, ma'am. I couldn't do what I've been charged with."
They held each other's gazes for a moment, then Paul's mother reached out and squeezed Jen's hand. "Yes. But I'm Julia, not 'ma'am.'"
A knock on the door and a master-at-arms appeared. "I'm afraid that's all the time you're permitted."
He wasn't supposed to touch her, but Paul leaned as close to Jen as he could without doing so. "I'm here. Always."
"Thanks," she whispered back. "God, why now?"
But the master-at-arms was coming forward, frowning, and Paul had to pull back without answering. Jen gave the petty officer a stern look, came to attention, pivoted on her heel, and marched out the door back toward her cell.
Paul and his parents walked back toward the temporary lodging area. His mother smiled brightly in a deliberately overdone display of cheeriness. "How about dinner?"
"Thanks, Mom, but I'm not all that hungry."
"You need something to eat."
"Mom-"
"That's an order, Lieutenant." She grinned. "I love being able to say that to you."
Paul led them to one of the private restaurants, having no desire to take his parents to Fogarty's where he had so many memories of him and Jen together. He picked at the food his mother insisted he order, trying to answer questions with replies longer than a word or two, while everyone avoided talking about Jen.
His mother finally sighed and leaned back in her seat. "Well, she seems like a fine enough person. Under the circumstances."
"You didn't exactly meet her at her best." Paul thought again of Jen, putting up a brave front even while she wore a uniform stripped of insignia and decoration. Would I have been able to carry myself as well she did under those circumstances? I bet she's imagined meeting my parents a thousand times, and the difference between those dreams and the reality must've been heartbreaking. But she didn't show it.
His mother gazed at Paul intently, as if reading his thoughts. "Your Jen is a very strong woman, isn't she?"
"Yes. That's just one of the things I love about her."
"And you're absolutely certain these charges are false?"
"Yes!"
Paul's father frowned. "They must have had good reasons for charging her. Those sort of charges aren't brought lightly."
His mother shook her head. "We don't know what motivated the charges."
"The Navy wouldn't-"
"Don't lecture me about the Navy, George! I spent just as many years in it as you did. As an institution, it's far from perfect. It can do some terrible things. And I know that's true even though I know there's a lot of good people in the Navy. I'm married to one and the mother of another."
"And the future mother-in-law of a third," Paul muttered. He looked up at the sudden silence. "I guess I said that out-loud."
His mother leaned forward with an exaggerated questioning expression. "You're engaged?"
"Not yet."
"I'm glad you haven't forgotten to mention that. Have you already asked her?"
"Yes."
"Then I assume she hasn't given you an answer?"
Paul felt as if he were being cross-examined by Commander Carr. "No. She wanted more time for us to get to know each other."
"That's nice. Otherwise you'd probably have gotten married and not brought it up until now."
"Mom-"
"I wanted to let you know we were coming. But not your father. Let's surprise Paul, he said."
Paul's father shrugged. "How was I supposed to know his girl would be in the brig? We weren't even sure what her last name was."
"That's true." His mother focused back on Paul. "Here you are getting ready to marry the girl and we hardly know a thing about her."
"I told you lots of things about Jen."
"Oh, yes. Let's see. She's a great officer. She's really nice looking. And she's a great officer."
"I've told you more than that. Haven't I?"
"Not really. You never mentioned that she's tough enough to put up a good front for us even though she's going through personal hell at the moment."
Paul let his sense of helplessness show. "She didn't do it. If I know anything at all, I know Jen couldn't have done what t
hey're accusing her of."
"That's what the court-martial will decide, won't it?" his father remarked.
"I don't care what the court-martial decides! I already know!"
"Surely if she's as innocent as you say, she doesn't have to fear conviction."
Paul sighed and shook his head. "I wish I could be sure of that. But all the witnesses to what really happened on the Maury are dead. All the records and logs that might've explained the accident were destroyed. It may come down to Jen's word that she did nothing against the fact that something apparently inexplicable happened."
"Something she survived." Paul's father raised one palm to forestall another outburst from Paul. "I know. But that looks damming, right?" He glanced at Paul's mother. "Maybe David can help."
Paul frowned. David. My big brother the hot-shot civilian lawyer. Who somehow always manages to shove that fact in my face. But I shouldn't let my feelings about his attitude rule out David's helping Jen. Can he really help, though? "Does David know military law?"
His mother frowned in turn. "Not as far as I know. That could be a problem, couldn't it?"
"It could be. There's different rules, different procedures. Jen has a right to have David as her attorney if she wants him, but…"
"But it might not be all that smart." Paul's mother glanced at his father. "What do you think, Frank?"
"Oh, my opinion matters? Then, for what it's worth, I think Paul brought up a good point. Even though I suggested David, he'd be on unfamiliar ground. Plus he's one hundred percent civilian. You remember how you and I would've thought about a civilian lawyer back when we were on active duty."
"Yes, indeed. What about Jen's father? You told us he's a captain?"
"That's right. Commanding officer of the Mahan."
"The Mahan? She's not in port."
"No. Deep patrol. She won't be back for months."
"That's not good. What about her mother?"
"Dead. Years ago." Paul inhaled deeply. "I'm all she's got."
"Not quite. No son of mine is going to stand alone in a matter like this. Frank?"
His father sighed. "What if she's convicted, Paul? You seem to think that's a real possibility. Those charges will put her in confinement for a very long time."
"I can wait."
"So you say now. Look, I know how it feels to be in love. You can't imagine your love object has any flaws-"
Rule of Evidence ps-3 Page 16
