Rule of Evidence ps-3

by John G. Hemry

  "I don't know of one, ma'am."

  "Do you agree with the expert witnesses offered by the trial counsel that it should've been impossible for that engineering equipment to fail catastrophically by accident?"

  "I… as far as I know that is correct, ma'am."

  "You can't offer any alternative explanation?"

  "I don't know of any specific alternative explanation. It had to have been an accident but I don't know how it happened."

  "Lieutenant Shen, you're hanging yourself!"

  McMasters frowned but before he could say anything Captain Carney had interrupted, speaking sternly. "Lieutenant Kalin, I understand your desire to fully question this witness, but we have a responsibility to avoid emotional outbursts."

  Kalin ducked her head. "My apologies, sir."

  "Anyone else? Anything?"

  Commander Bolton leaned forward this time. "Lieutenant Shen, can you explain why you are here? In this court-room, charged with these crimes?"

  Jen shook her head slowly. "No, ma'am. I cannot explain it."

  Bolton stared earnestly at Jen for a long moment, than sat back again. "Thank you, Lieutenant."

  Carney looked up and down the members' table again, then looked back at the judge, avoiding looking at Jen as he did so. "I guess that's it. I have no questions."

  Jen stood up and walked back to the defense table, where she seated herself. Paul could see what perhaps no one else could, the way Jen's right leg was trembling with suppressed emotions.

  McMasters watched her all the way back to the defense table, then looked at Lieutenant Bashir, who stood. "The defense rests."

  "Very well. Commander Carr, is trial counsel prepared for closing argument at this time?"

  "Yes, Your Honor."

  "Please proceed."

  Commander Carr looked toward Jen, watching her steadily for a long moment, while Jen gazed back at her. Then Carr walked a couple of steps away from the trial counsel's table, facing the members as she spoke. "Your Honor, members of the court-martial, on 21 February 2101 the USS Maury suffered awful damage to her engineering compartments. Sixty-one members of her crew died outright. Eight more suffered injuries so serious they have required extensive reconstructive surgery. A ship of the United States Navy was so grievously stricken that there were fears the ship would be lost.

  "You've heard the testimony of experts on the engineering systems of the USS Maury. It couldn't have been an accident. You've heard the testimony of the Maury' s captain. She received no warning of any safety problems from her chief engineer or from any of the automated systems designed to prevent such a tragedy. Long ago a famous dictum was set forth — when you've eliminated the impossible, whatever remains must be the truth. The Maury 's trauma, the deaths of so many of her crew, couldn't have been an accident, so they must have been caused by deliberate sabotage."

  "Who could have sabotaged the ship? Again, the experts testified that it would have required an insider, a very capable engineer, someone familiar with the engineering systems on the Maury, someone trusted by the other engineers so she could secretly do what was needed to cause those systems to destroy themselves as well as the lives of those shipmates who'd placed their trust in her. Someone who somehow survived the devastation, who should've been at her own duty station and died with her shipmates, but survived, reaching safety just moments before disaster struck. You've been told that officer was ordered aft, but the equipment she was supposedly personally ordered to examine for problems has been determined to have been in perfect working order prior to the explosions on the Maury."

  "There are no alibis that can be corroborated by any living witness, by any surviving records, by any memories of those on the Maury who survived. There are no other possible explanations for what happened to the USS Maury except deliberate sabotage. Sixty-one officers and enlisted personnel of the Maury were murdered. The ship was severely damaged. I ask you to bring to justice the only one who could possibly bear responsibility for those acts, and to find Lieutenant Junior Grade Shen guilty on all counts and specifications for the criminal offenses with which she is charged."

  The courtroom stayed silent as Commander Carr stepped back to the trial counsel's table and took her seat.

  Lieutenant Bashir stood, walking to a position in front of the judge's bench, facing the members of the court-martial. "Your honor, members of the court, a terrible tragedy took place. The USS Maury was badly damaged and many members of her crew died. But condemning one officer who survived that horrible event will only compound the tragedy.

  "Trial counsel has spoken of facts and proof. But the facts are that proof of these charges doesn't exist. None of the expert witnesses could explain how Lieutenant Shen could've carried out her alleged sabotage. None of them could point to her and say, 'she did this and she did that and those actions caused this tragedy.' They couldn't do that because there is absolutely no proof Lieutenant Shen was in any way responsible what happened. On the contrary, her actions following the tragedy ensured the survival of twenty-one enlisted personnel in the after portion of the Maury who might otherwise have died."

  "Lieutenant Shen's own captain testified that she believed Lieutenant Shen to be innocent. There's no evidence to the contrary, just supposition piled upon supposition. No evidence of her guilt. No evidence of a motive for such an act except some gossip from a single fellow officer. The entire case against Lieutenant Shen is circumstantial. You're being asked to convict her of these horrible crimes based solely on the suspicion that she might have somehow been involved even though no one can say how she might have carried out these crimes. This is no basis for convicting anyone of murder, let alone an officer with an unblemished record, an officer who has given her best to the Navy, an officer who has earned the trust and the praise of her captain. Lieutenant Shen is not guilty of these crimes she's been unjustly charged with, not responsible for what happened to the USS Maury. The government has failed to provide any real evidence of guilt. I ask you to find her not guilty as to all charges and specifications, because Lieutenant Shen is not guilty."

  Lieutenant Bashir walked back to the defense counsel's table.

  Judge McMasters looked around the silent courtroom. "It is Saturday. I don't know how long it will take the members to render a verdict, but the Judge Advocate General has directed that courts are not to be convened or conducted on Sundays except in the case of emergencies. Therefore, this court will now close, and reopen at 1000 on Monday."

  Chapter Thirteen

  As people began leaving the court-room, Commander Carr hastily scribbled something on her data pad, then glanced over at Lieutenant Bashir. He frowned downward as he read the message, then spoke in a voice just loud enough for both Jen and Paul to hear. "Trial counsel wants me to know she asked the question about a relationship with another officer serving on Jen's ship purely on speculation. She had no information from anyone on whether such a relationship had actually existed."

  Paul took a deep breath, trying to wash the lingering sense of numbness out of his body. "Did Carr have to tell you that?"

  "No, she didn't. She has to ensure I have access to witnesses and evidence. She's not under any obligation to tell me this. She wanted you both to know that none of your confidants had betrayed you."

  "Why did she have to ask that question?" Paul knew his voice sounded ragged, and struggled to get his voice under control. "For God's sake, why did she have to ask that question?"

  Bashir looked away for a moment before answering. "Because Commander Carr believes in what she's doing."

  Jen said nothing, staring straight ahead. She didn't try to look at Paul as she was escorted out again. Commander Herdez gave Paul a grim nod of farewell and joined those leaving.

  He stood waiting while the court-room emptied, then spoke to Jen's lawyer again. "Lieutenant Bashir, there really wasn't anyone else, anything else, that'd support Jen?"

  "No. Do you think I'd have used those two if there had been?" Bashir shook his he
ad. "I shouldn't have used them anyway. They just made the defense look bad. I should've known Carr would do her homework on them"

  "Are things as bad as I think they are?"

  Bashir lowered his head, avoiding Paul's gaze. "Probably," he finally answered.

  Paul was still staring at Bashir miserably when he became aware someone had come up. "Mom. Dad. I didn't know you were here today."

  "Civilians usually get Saturdays off up here," his mother advised. "We were in the back. Let's go somewhere."

  "I don't-"

  "I'm sure you don't. Come on."

  They sat in a small dining area, Paul staring at a bulkhead with an incongruous scene displayed of mountains and meadows and billowing white clouds. Finally his mother spoke again. "I wish there was something we could do."

  Paul nodded. "I know. I wish there was something I could do."

  His father shook his head. "I thought she did a good job on the witness stand, but she's really in a bind."

  "The charges include murder?" his mother asked.

  "Yes, Premeditated murder."

  "That's a-"

  "Death penalty offense. I know."

  "What about character witnesses?"

  "Captain Halis testified in favor of Jen's character! If they don't listen to Halis, why should they listen to anybody?"

  "Is there anything else that can be done?"

  Paul shook his head and picked at the food his mother had made him order. "No. Not now. Final arguments have been made. The members of the court will debate and discuss and vote, and when they're ready they'll announce the results."

  "Monday morning?"

  "If they're ready by then." He didn't say that he thought Carney had long since made up his mind and would push the others to reach a quick decision.

  The conversation meandered for a while, Paul not really paying attention or trying to contribute. Finally his parents wished him goodbye and left to look up some old friends. He sat for a while longer, then called the brig to see when he could visit Jen. He couldn't. She'd be granted no more visitors until after the court-martial concluded.

  Paul felt an odd sense of relief. He hadn't been looking forward to seeing her, even though he knew he had to if he could. What can I say? There are no words of comfort possible, and damn little words of encouragement I could legitimately offer. Jen might just start throwing verbal punches at me again. Could I blame her? But I can't even offer her that diversion.

  He wandered down to Fogarty's and sat at a small corner table, nursing a drink. If it couldn't have been an accident, and Jen didn't do it, then how'd it happen? How'd she happen to survive by such a narrow margin, reaching safety just in time? Why didn't that after power coupling show any signs of trouble that we could point to in support of Jen's story?

  Why do I keep circling back to the same points that the prosecution is using against Jen? Is there really no alternative here? Am I letting my love for Jen blind me to a very ugly reality? She's got a temper. She keeps a lot inside. Could she possibly…?

  No. I have to hang on to that one certainty. There's nothing else left to hang on to.

  As artificial afternoon began turning into artificial evening on the decks of Franklin, the number of people in the public areas started increasing. Paul knew many would recognize him, and that there was only place he could avoid them.

  The first class petty officer standing the quarterdeck watch on the Michaelson saluted Paul aboard. "The captain was wondering if I'd seen you, Mr. Sinclair."

  "Is he aboard now?"

  "No, sir. The captain left about, oh, forty-five minutes ago."

  Paul sought solitude in one of the few places he might find it, heading for Combat. But when he got there, he saw Chief Imari already in the compartment with someone else. He turned to go, but Imari had seen him. "Mr. Sinclair?"

  "Yeah, Chief. I was just, uh, checking on the compartment."

  "Sir, Senior Chief and I," Imari gestured toward Kowalski, who stood up so Paul could see him clearly, "were just talking about Lieutenant Shen. How's it look, sir, if you don't mind my asking?"

  Paul came inside the compartment and shook his head slowly. "It doesn't look good. I don't know why, but it doesn't."

  Kowalski frowned at Paul. "Sir, have they actually got evidence that Ms. Shen caused all that?"

  "No. No, they don't. That's what's so frustrating."

  "Then how…?"

  Paul sat down, rubbing his forehead. "They had people, engineers, testify that it couldn't have been an accident."

  Chief Imari looked skeptical. "How can you ever say something couldn't be an accident?"

  "The equipment. They testified that the equipment couldn't fail that way."

  "Even that new thing? Chief Meyer mentioned the Maury had some new thing installed."

  "Yeah. Uh, SEERS. But the experts said that couldn't have done it because it was designed to prevent that kind of thing."

  Senior Chief Kowalski snorted in derision. "I'm no snipe, Mr. Sinclair, but I never met a new piece of equipment that worked like it was designed to."

  Imari nodded in agreement. "Right. Stuff's not that good."

  Paul nodded as well, though wearily. "That's what I thought. But I've been over all the documentation on SEERS. There's nothing to indicate it might've been involved in what happened to the Maury. The experts said the thing was certified ready to install on the Maury. And on top of all the other safety features in an engineering system, they say they can absolutely rule out an accident like that."

  Kowalski shrugged. "I never met an expert that knew as much as they thought they did, Mr. Sinclair."

  Paul smiled bitterly. "I wish I could put you up there on the witness stand to refute Rear Admiral Hidalgo, Senior Chief."

  "Well, sir, I'd do it, if'n I knew anything that could help. All I do know for sure is that nothing comes into the fleet working perfect. There's always problems to be worked out."

  It was Paul's turn to shrug. "That's what I thought, Senior Chief. But according to the SEERS documentation nothing like that turned up." He saw Kowalski and Imari exchange a quick look. "What?"

  Kowalski frowned at the deck. "Uh, nothing, sir."

  "Come on, Senior Chief. If it can possibly help Ms. Shen…"

  "I don't think so, sir. It's just… well… you've heard of gun-decking, I'm sure."

  "Yeah. Cooking the books to make things look better than they are."

  "Well, sir, just maybe this SEERS — Look, Mr. Sinclair. Sometimes folks decide something's so important they've gotta ignore the rules. And they tell other people to ignore the rules."

  Paul nodded wearily. "I know, Senior Chief. I've heard about that kind of thing. But somebody would've written something, wouldn't they? And there's nothing."

  Chief Imari snorted. "Maybe they left it out. Didn't give you the stuff about the problems."

  I'd like to believe that. God, how I'd like to believe that. Paul grasped desperately at the thread of hope, even as he knew he couldn't accept it. Commander Carr told Lieutenant Bashir that he'd gotten everything on SEERS. She wouldn't lie about that. Total paradox. In order for this to be a conspiracy to blame Jen, Carr would have to be part of it, but Carr wouldn't be part of something like that. "I'm sorry, but the people we're dealing with, like the trial counsel, are honorable, or I'm no judge of character at all. They wouldn't do that. I know that as surely as I know Ms. Shen didn't sabotage the Maury."

  The two senior enlisted looked at each silently for a moment, then Senior Chief Kowalski sighed. "Helluva thing, sir. What'll happen to her?"

  "Ms. Shen?" Paul hadn't wanted to go there. Still didn't want to go there. "I don't know. If she's convicted, there's a… range of penalties."

  Chief Imari and Senior Chief Kowalski fell silent again. Paul understood. What else can they say? He stood up and nodded to them. "Well, I need to get going." He left, wondering if the rest of his life would consist of people watching him and not knowing what to say.

  "Hey, S
heriff."

  "Mr. Sinclair." Sharpe blew out his cheeks in an exasperated gesture. "Nothing?"

  "No. The members of the court are deliberating."

  "Don't look good, does it?"

  "No." Paul slumped against the nearest bulkhead. "I just don't get it. Okay, let's say it wasn't an accident. That means somebody else did it. Or knows who or what did it. And they're letting Jen take the blame."

  Sharpe scratched his head. "I guess that's the only theory that fits right now, sir."

  "But why? If it was some weird kind of suicide thing, why take so many of their shipmates with them? And how'd they manage it without being detected? Even the prosecution hasn't been able to explain how Jen supposedly blew up all the engineering stuff at once. They just say she's so good she could've figured out a way."

  "Maybe the chief engineer did it, sir. And maybe he sent Ms. Jen to safety 'cause he liked her or something?"

  Paul shook his head. "No. Lieutenant Bashir and I went over that. No evidence to support it at all. It's bizarre. We can't accuse a dead guy of doing it because there's no evidence but they can accuse a live person of doing it without any evidence except for the fact that she lived through it." Paul heard himself laughing in disbelief. "How's that for irony, Sheriff? If Jen'd died in the explosions, she wouldn't have to worry about being executed for causing them. But she lived so now maybe she'll die."

  "Sir." Paul could see the worry on Sharpe's face. "Sir. You need some rest. You're worn out and strung out."

  "I'm exhausted, Sheriff. Completely exhausted. You're a cop. Why can't we find the pieces that'll let us tie this whole mess up into one neat package?"

  Sharpe visibly hesitated. "There's conspiracies, sir."

  "That big? Involving people I know are decent human beings? Why would people on fleet staff, just to give one example, take part in such a conspiracy? Why wouldn't at least one of them tell the truth?"

  "I don't know, sir."

  "I can't put the package together because I can't find all the pieces. Why can't I find the pieces?"