Rule of Evidence ps-3

by John G. Hemry

  Mrs. Sinclair smiled briefly. "I broke that illusion of your father's pretty quick."

  "You certainly did. And I'm not saying your girl did what she's accused of doing. But, she could be convicted. Think of ten years down the line, her in Fort Leavenworth and you outside, waiting for another thirty or forty years to pass, if not more."

  "You don't think I should stand by her."

  "That's not what I'm saying. I'm saying maybe you do your best, but she's convicted and the appeals are rejected…"

  Paul snorted a brief laugh, looking away for a moment. "Dad, I'm not under the slightest illusion that Jen is perfect. She's pushy, temperamental, stubborn, willful and rough-edged. She's also the best thing by far that's ever happened to me."

  His father smiled for a moment. "Sounds a lot like your mother."

  His mother gave his father a sharp look. "I beg your pardon?"

  Paul couldn't help smiling briefly himself at the byplay. "After the Maury 's engineering spaces blew to hell I had to face what seemed to be the certainty that she'd died. I couldn't imagine what I'd do, how I'd ever find someone else who could fill the hole Jen'd left in me. Then I found out she'd survived. I know how it'd feel to lose her, because I thought I had. Do you think I'd ever let her go, now?"

  "Not if you were worth a damn," his father replied.

  "Yes," his mother agreed. "There may not be much we can do to help, but what we can do, we will."

  Lieutenant Bashir offered Paul his data pad. "Here's the convening order for the court-martial. Do you know any of the members of the court?"

  Paul took the device and read through it slowly. A general court-martial had been convened, the most serious. It made him wince internally even though he'd known Jen would be charged with offenses too serious for either of the less severe forms of court-martial, special or summary. Unlike the special or summary courts-martial, which had limitations on the punishments they could order, a general court-martial could assign any legal punishment, no matter how severe. It was reserved for only the worst offenses.

  He read the list of personnel identified in the convening order. Military Judge. Captain David V. McMasters. I'll have to ask Bashir about McMasters. President of the court-martial is Captain William Carney. Carney? That doesn't ring any bells. No, wait. Isakov mentioned that name. He was the commanding officer of the Isherwood at one point. I wish I knew more than that, but I'm really leery of asking Val Isakov anything. Then there's Commander Francesca Bolivar. Commander of the Fleet Intelligence Support Activity on Franklin. Doesn't look like she's ever served on ships. Lieutenant Commander Gavin Cloud. Just came up from Earth duty, awaiting assignment. It says he's open space warfare officer qualified, so he must have some experience, but it must predate my own arrival up here. He's been on earth since before I got to the Michaelson.

  Lieutenant Daniela Kalin. Off the Dahlgren. And Lieutenant Karl Ishiki. Fleet staff. I don't know any of these people.

  Paul repeated his last thought out loud. Bashir nodded. "Not too surprising. You and Lieutenant Shen moved in the same crowd, right? They couldn't choose any members for the court who knew her well, so it follows you wouldn't know them. And they had to rule out people who'd served with Shen's father on the Mahan or elsewhere, too. But it was worth a try to see if you could tell me anything about any of them."

  Paul indicated a couple of names. "Carney, Cloud and Kalin are all Open Space Warfare Officers."

  "Is that good or bad?"

  "Well…" Paul hesitated before replying. "It's a tough community. OSWOs can be really supportive, or they can eat you alive. You never know."

  "I'll say that's likely to be bad, then."

  "What about the judge? What's McMasters like?"

  Bashir looked noncommittal. "He runs a tight court-room. No nonsense. No games. He doesn't tend to favor either the prosecution or the defense. He leaves that part of things to the trial counsel and the defense counsel."

  "That sounds good."

  "Oh, yeah. It can be a lot worse. Now…" Bashir held up his data unit again. "Here's the list of evidence I've been provided by the prosecution."

  Paul paged through the lists of documents. "This is almost all engineering stuff."

  "Yeah." Bashir squinted at his display. "And I'm a lawyer. I don't know a blasted thing about any of it."

  "Jen can explain it."

  "Yeah." Bashir settled back, rubbing his eyes. "But that's part of the problem. Lieutenant Shen really knows this stuff."

  "Why's that a problem?"

  "I can only guess at the prosecution strategy, but based on this stuff and the very limited evidence available, I'd say they're going to argue that this couldn't have been an accident. If they rule out an accident, that points it right at Lieutenant Shen."

  "Why? They have to prove she did it."

  "No." Bashir leaned forward again, resting on his elbows. "They can't prove she did it. But they can try to prove that there's no other way it could've happened unless she did it."

  Paul shook his head. "Jen's got to prove she didn't do it?"

  "Essentially, yes. Not directly, that is. But we have to come up with alternate explanations for what happened."

  "And?"

  Bashir exhaled heavily. "Let me know if you think of any."

  "But Jen-"

  "Tells me she hasn't a clue. Can't even imagine a scenario."

  "But there's got to be alternative explanations!"

  "Like I said, I'm open for suggestions."

  Paul hastened back to the Michaelson, finding Colleen Kilgary sitting in the wardroom. "I really need your help."

  Colleen gave him a curious look. "You, or Jen?"

  "Both." Paul explained the problem. "You're main propulsion assistant on the Michaelson. You know this stuff a lot better than I do. So, what else could've done it?"

  Kilgary sat back, staring at the overhead, and stayed that way for a long time before shaking her head. "Damned if I can think of anything."

  "The systems can't be that perfect!"

  "They're not! But you're not talking about one component failing. You're talking about everything going boom at pretty much the same time. It can't happen."

  "It did happen."

  "Yes." Kilgary bit her lip. "Paul, I just can't come up with something that would've done that. Not on the Michaelson."

  "The Maury wasn't the Michaelson."

  "True. There's always at least minor differences even between sister ships. And Maury had just gone through that overhaul. But if the accident happened because of something on the Maury that was different from the Michaelson it means I can't help you much. I know this ship."

  Paul slumped and nodded. "Thanks, Colleen. I'd appreciate it if you'd ask Chief Meyer for his assessment, too."

  "Uh, okay." Kilgary looked away, twisting her coffee container in her hands.

  "What's the matter?"

  "Noth- Oh, hell. Paul, when Jen got charged with doing that… people got strange."

  "Strange?"

  "You know." She stared at her hands. "Like… they don't…"

  Paul felt like a lead weight was settling in his stomach. "They think she did it?"

  "No! Uh, well, they're kind of… concerned."

  "They think she did it."

  Colleen looked up at him. "Sorry, Paul. Even I wondered for a second. But I know you. Better than I ever knew her. And I trust your judgment in this. But why'd they charge her with doing it? They must have a reason."

  Paul heard his voice laughing bitterly. "The reason is that they don't have any other reasons. They can't explain it otherwise. So they're blaming Jen."

  "Oh." Kilgary looked back down at her hands. "She ought to be able to beat it, then."

  "Yeah." She ought to be able to beat it. If she can prove she didn't do it. Is that what this case comes down to? People assuming Jen was charged for good reason and demanding she prove her own innocence? But how can she do that? "Thanks for talking, Colleen. Please tell everyone that Jen is inn
ocent."

  "Sure. But like I said, that's about all I can do, because the Michaelson and the Maury have, uh, 'had' I guess, different engineering plant configurations."

  "You said that you couldn't see any way it could happen.."

  "No. I said I couldn't see any way it could happen on the Mike. Based on what I know, I'd be looking at any differences between the Mike and Maury for whatever might've caused it."

  Paul nodded. "How many differences could there be?"

  "Lots. Mostly little stuff. But it all adds up. Maury had that SEERS thing installed."

  "I should look into SEERS?"

  Colleen shrugged. "I would."

  "Have you heard anything about it?"

  "Just what you told me Jen told you. That and the fact that it was approved for introduction into the fleet."

  Paul nodded, knowing that neither fact gave any indication SEERS posed a danger to the Maury. Quite the contrary, in the case of it being approved for installation on the Maury. He knew Colleen knew that as well, but was being kind enough not to say it out loud. It's a big difference, though. The biggest I know of. I need to look into it and hope it does some good. From what I know now, it won't. But I've got to try. I guess I need to go through Lieutenant Bashir to do that, though, and I can't do that until tomorrow. There's nothing else I can do tonight but worry.

  He was sitting alone in Combat, the lights turned down, when a knock sounded on the hatch rim. "Mr. Sinclair?"

  "Here, Sheriff."

  Sharpe came walking into Combat. "Catch."

  Paul snagged the beverage container he saw flying toward him and glanced at the label. "Hey, this isn't the cheap, generic stuff. This is real."

  Sharpe popped his own and took a drink. "Yes, sir. But Senior Chief managed to snag a case and allowed certain individuals to score a tube or two."

  Paul managed a smile. "I'm honored, Sheriff. To what do I owe this favor?"

  Sharpe grimaced, leaning against a nearby watch console. "Sir, I think you know that. Sort of a very small attempt to cheer you up."

  "Thanks." Paul took a drink himself. "It's good."

  "How you doin', sir?"

  "I've been better. A lot better."

  "Ms. Shen?"

  "She's… lot's of things. Baffled. Shocked. Outraged. Confused. Pick an emotion."

  "I bet." Sharpe sighed. "Mr. Sinclair, my job means I do my best to bring people to justice. But that doesn't always make people happy."

  "You don't think she's guilty, too, do you?"

  "No, sir. I know Ms. Shen. Unless my ability to judge human nature is totally gone, she couldn't have done that. But…"

  "Right now the entire Navy's trying to prove she's guilty, and I'm trying to prove she's innocent."

  Sharpe actually smiled, his teeth looking unnaturally white in the darkened compartment. "You're not quite that alone, sir. But there ain't much I can do."

  "I know. Can you do anything about how they're treating her in the brig?"

  Another grimace. "They figure they got a mass murderer on their hands, sir."

  "If they-"

  "Sir." Sharpe held up a restraining hand. "I've guarded prisoners. There's all kinds of things you can do to a prisoner. Things that maybe ain't technically right but ain't technically wrong either. Little stuff. It doesn't leave any marks except on the inside of their brains. And ordering guards not to do that kind of stuff is like waving a red flag at a bull." He took another drink. "I always figured that was fair since the prisoners must've been guilty. Maybe I wasn't being so smart about it."

  "Can't you tell the brig guards something? Anything?"

  "I'll try, Mr. Sinclair. I've already talked to them before. But, to be perfectly honest with you, I don't see them listening this time any more than they did the last couple of times."

  Paul drained his drink. "It's kind of like a nightmare, isn't it, Sheriff? Things just keep getting worse and nothing we try to do helps."

  Sharpe nodded grimly. "That doesn't stop us from trying, sir."

  "No. Nothing's going to stop me from trying. Thanks, Sheriff. Knowing you still believe in Jen, excuse me, Ms. Shen, means an awful lot."

  "Sir, a good cop's gotta be tough, but he can't be blind. And he's gotta know who deserves his trust." Sharpe touched his brow. "Goodnight, Mr. Sinclair."

  "'Night, Sheriff." Paul watched him leave the compartment. A nightmare. But you never think you're in a nightmare when you are. It all seems perfectly real. And you wake up from nightmares sooner or later. You never hit the ground at the end of your fall. Unless you're dying, and then urban legend says you hit the ground and die in your dreams and in reality. How is this nightmare going to end?

  Preparations for the court-martial proceeded with all due haste. Paul found himself avoiding news sources. They all kept reporting the charges against Jen, going over her "crimes" again and again, showing highly amplified pictures of the battered Maury being towed gently back toward Franklin, showing high-ranking politicians trying to calm the storm of anger which had swept up against the South Asian Alliance and redirect it. At Jen, whose name the politicians never mentioned but which everyone knew.

  Paul started getting a trickle of messages asking for interviews, then a flood. He deleted them all without reading, thankful that the news media couldn't get free run of Franklin to try to chase him down in person.

  "What're they waiting for?" Kris Denaldo asked him one day as Paul was making a show of trying to work.

  "They're waiting for the Maury to get back. They want some of her personnel at the court-martial."

  "Why? I thought all the other engineers died."

  "They did. It'll probably be about other stuff."

  "Other stuff?"

  "I don't know, Kris. I really don't know." Which was a lie. He knew. He just didn't want to talk about it at all, even to someone who knew Jen and he as well as Kris did. They wanted to ask the rest of the survivors of the Maury about Jen. About whether she'd been having an affair with anyone. About whether she hated anyone. About anything that might help build a case against her.

  One night he went into Combat and called up a display with the estimated position of the Mahan on it. The estimated position didn't mean much. Captain Shen had authority to move his ship anywhere within a large volume of space. Keep the enemy guessing. Paul wondered if Captain Shen had heard what had happened to the Maury, and to his daughter. Jen still insisted he shouldn't send a message, though even if she allowed it there was no telling when the Mahan would reveal her location precisely enough to allow high-speed communications. Captain Shen might get back and discover everything that had happened, discover Jen convicted. Welcome back, captain. We hope you had a pleasant voyage, and we hope you weren't planning on your daughter meeting you at the dock. She's in a military jail cell back on Earth.

  The Maury finally returned to Franklin with fanfare that almost matched the world's interest in the event. Various military and civilian VIPs had flown up to Franklin, their entourages requisitioning every spare resource on the station as well as quite a few resources that were already needed for other purposes. Every display screen on the station was set to watch the Maury as the battered warship was eased into the space-dock which dominated one section of Franklin. Paul, far from the crowds and the VIPs at the dock, stared like everyone else, appalled yet again by the damage he saw, amazed that his own memories of the devastation had somehow been dulled.

  His eyes locked onto the after survival bulkhead. Jen was back there when I thought she was dead. Then I thought she was okay. But she wasn't, not after losing every person she worked with in engineering. And not after getting charged with causing it to happen. Now Commander Hughes tells me Jen won't even see her anymore. Too worried about being labeled mentally unstable just because she's getting counseling. How's that for a Catch-22? If you need help, you can't seek it without people thinking you're full-scale nuts. But Hughes can't make Jen talk to her, and Jen won't listen to me on that score.

 
Paul shifted his display to the dock itself. Standing in the large group awaiting the Maury, he knew, was at least one military lawyer waiting to personally interview Captain Halis after the senior officers and senior politicians had given their speeches and pinned a medal on the captain. I wonder what Captain Halis thinks about all this? I'm sure she'd trade it all for half those dead sailors back. Or maybe even one of them. What'll Halis say to the lawyer? I know she's already listed as witness for the prosecution, but that doesn't tell me what the prosecution wants her to testify about. Events? Character? Background? I'll just have to wait for that answer. Won't be long now. Now that the Maury 's home.

  He looked back at the severely wounded warship again. The reinforcing members laid across the Maury 's gapping wounds stood out clearly. He'd helped with that. Not a lot of help, measured against everything it'd taken to get the Maury home, but something.

  On the bridge, he knew, Captain Halis would be watching as well, while the tugs which had brought the Maury this far carefully handed her off the station. Riding a crippled ship unable to maneuver on her own, the captain would just be an observer, but still surely watching everything and looking out for her ship. I can understand that. I hope I'd do the same. It must hurt, though, being towed back into port, with her ship ripped wide open.

  Paul wished he could see Captain Halis in person, plead for her help, but he suspected that might fall into the category of witness tampering. Though he doubted it'd have much effect in any case, even if he could fight through the crowds of VIPs and other well-wishers, because his very brief meeting with Captain Halis in the midst of tragedy had left Paul convinced that Jen's commanding officer would hold to whatever course she thought proper.

  And there wasn't time, anyway. The court-martial would begin tomorrow. People needed to be assured as quickly as possible that the incident was being "handled." That the South Asians hadn't been involved, that justice was being done, that appropriate punishment would be meted out to the guilty. The only problem Paul had with any of that was his certainty that what people were being assured would happen wasn't the same thing he saw happening.