Court-Martial (Horatio Logan Chronicles Book 2)

by Chris Hechtl

  “Damn it!” He said as Admiral Shren finished gently laying out the situation.

  “We have to let the process play out, Admiral. I actually expected this to happen. We've been able to short-circuit the problems. They are delays, but they haven't triggered double jeopardy. Be thankful of that. At least it happened early in the process instead of later, after jury selection. That would have caused all sorts of problems. Not to mention a complete restart … if we could do that at all. Double Jeopardy does apply or could apply as I said.”

  “Double … you mean he could walk?” Omar demanded.

  The elf nodded. “Yes.”

  “Oh no. Hell no,” Omar growled. “I don't care how many times it takes to try the son of a bitch. If it takes a million, so be it as long as you fry his ass.”

  “Omar, we have to follow the rule of law. If we don't, we're not going to stand up to any sort of scrutiny. Hell, we're on thin enough ice as it is,” Admiral Shren pointed out.

  “Then take your time and do it right the first time,” Admiral Draken said, interrupting Omar before he could blow his stack once more. He shot the admiral a quelling look and then looked at the elf.

  The elf stared at him with his massive eyes and then nodded slowly. “We'll do what we can.”

  “You've stacked the entire courtroom against him. I hope so,” Admiral Hill drawled nastily. “What more do you need?”

  “This to be over and behind me. Soon!”

  “We're working to that goal,” Admiral Shren said patiently.

  “Not soon enough!”

  @^@

  Admiral Childress fumed when he went home to find his house empty; everything was gone. He was bewildered as to why and why someone didn't tell him; after all, there was security watching his house! He started making phone calls, but a doorbell ring stopped him cold. He went to the door and found an MP there with a young man. The young man nervously held out a folded paper. When he took it, the young man left without a word.

  He opened the papers to find that he had been served with divorce papers. He snarled.

  It was already turning into a mess he thought, destroying his life. Ordinarily a divorce would be a career ender; the navy didn't like such domestic problems being aired. But he was at the top of the command chain and didn't concern himself with such things.

  That evening he was at the officer's club eating when he heard something on the news. He pulled out his phone when it pinged, alerting him to something he should see. He grimaced as he saw his soon-to-be ex-wife as she did a live interview with the media despite his attorney's gag order that they'd gotten into place.

  He grimaced and shut it off and then put the phone away, barely throttling the urge to throw the damn thing against a wall. So be it he thought. He'd find someone better, younger, more fun in bed.

  He had no heir, no children to support or deal with, so that was one benefit. His wife had never wanted children when they were younger. When he'd finally retired, she'd been past her prime, and he hadn't wanted to deal with kids at his advanced age. At one point when his mother had bothered him about it, he had considered a baby surrogate and nanny, but he'd held out and had decided he would only do so when he gained control of the family company.

  He swirled his drink as he listened idly to the soothing chatter around him. He'd hated retirement. It had put him further under his mother's thumb, and he'd hated every moment of it. The bitch had put him up as a manager, and she'd never been happy. Hell, he'd retired as CNO at the time, but that hadn't made her happy. He'd thought she would have safely retired herself, handed over the reins of the family company in her dotage so she could go play poker or penuche or harass younger men but that hadn't been the case.

  His mind returned to Jamie. She'd thrown away four decades of marriage. It felt like a sore tooth, like he couldn't stop himself from probing it over and over. He knew the probing was making it worse but he couldn't help himself. What he really wanted to do was to get rip-roaring drunk but he couldn't. There was too much going on. Tomorrow was Monday.

  He grimaced to himself as a waiter brought him his appetizer. He picked at it, wondering if he should have hired an escort or called a lady friend. Or hell, had one of the ladies who worked under him meet him. He felt alone despite the discrete MPs in the room, watching his back.

  He had to admit, what they had over the past few years since he'd returned to service hadn't been much of a marriage. He had been home infrequently, usually a single day on the weekends. Sometimes he'd play golf if he had the time. He knew she actually liked not seeing him as much; she'd liked it during his previous time in harness and when he was in space after all.

  No, what she hadn't liked was the negative attention and security. She'd harped often enough about both, so much that he'd tried to avoid her. But the clincher, oh, the clincher was that she was used to the lifestyle but had not been happy about his getting regen and not her.

  He frowned and then pulled his phone out and typed out a missive to his lawyers to freeze her accounts, yank her alimony, and rescind any payments being processed. They were to go after her too. He wrote another email to Patty to help them there. A couple anonymous tips from Patty's department should embarrass Jamie and get her to shut the hell up.

  Once he was finished, he felt a little better. He nodded to the waiter as the man came in with his steaming steak. Suddenly things were looking a little better he thought.

  @^@

  With two attempts behind them, the trial returned to the docket fairly quickly. All three judges remained assigned to the case as did Captain Rising Tide. They moved through the early stages of the process quicker. The voir dire process went far smoother; Commander Chedwiggen was agreeable to listening and taking Doctor Bullettine's advice. Within days, they were back up and running. Within a week, they had almost caught up to where they had tripped up before.

  “Third time is the charm?” AJ asked.

  “Better hope not for our client's sake,” Benny said.

  @^@

  The prosecution interviewed Commander Dauplin, the JAG who had arrested Horatio on Ilmarinen. They did a professional job of sketching out the arrest and what the JAG had seen on board the ship.

  When it was the defense’s turn, Benny stood and began chipping away at the commander. He took a roundabout way of doing things though, hitting a line of questioning that they hadn't talked about with Horatio to throw the prosecution off. “Commander, as a lawyer, let's explore a hypothetical situation. If my client had countermanded your orders, would you have followed them?

  “That's not possible.”

  “But if he had?”

  “They aren't legal.”

  “Really. And given you're a lawyer, you know this as fact?” Benny asked.

  “I don't have the relevant articles and precedents in front of me, sir, but yes.”

  “You can state that unequivocally,” Benny pressed.

  “Objection, argumentative.”

  “Foundation, Your Honors. I just wish to establish the commander's certainty since he is an expert witness in the UCMJ,” Benny stated smoothly.

  “Move on, Counselor. Objection sustained.”

  “Yes, Your Honors,” Benny bowed slightly to the trio of judges, and then turned to the witness. “So, he couldn't countermand the order. Why?”

  “Because it wouldn't be legal. He is a commodore, and this star system isn't his jurisdiction.”

  “Ah, so now we get to the heart of the matter. This star system is not his jurisdiction just as another star system isn't Admiral Childress's correct? As defined by the Area of Responsibility?”

  “I … don't know.”

  “Okay, let me see,” Benny said, picking up an open old-fashioned paper book off the table. His finger found the bookmarked and highlighted entry right off. “Definition of Area of Responsibility. The Area of Responsibility is a specific geographic region of space designated by a higher authority. Specific boundaries are set within this loc
ation where the authority plans to conduct operations. See Area of Operations. Is this correct, Commander?”

  “Yes, that sounds right.”

  “And, based on the original orders dating to the establishment of this star system, the AOR is both components of Bek A and B. The boundary is the heliopause of the combined systems. Is that correct?”

  “Yes.”

  “This AOR was established and further amended by the president of the Federation three years ago, Admiral John Henry Irons as commander in chief of the Federation forces. Correct, Commander?”

  “Yes,” the commander said, knowing he was on shaky ground politically. He shot an appealing look at the prosecutor, but the high elf just sat there silently watching him like a blue hawk.

  “So, by that definition, does this court have jurisdiction over actions taken outside this AOR?”

  “Objection!” the high elf barked.

  “Don't answer that question, Commander,” Admiral Thurgrad growled. “We've already ruled on this, Counselor. Move on.”

  “Yes, sir. Commander, Admiral Irons issued orders to …”

  “Objection! Hearsay!” Captain Rising Tide protested sharply.

  “… To the Admiralty here.” Benny said, swinging his hand to the bench and witness and then back to his client, “and also to Admiral Logan. We have those orders in evidence. Those orders were followed before …”

  “Objection!” the prosecutor said, lunging to his feet when the defense attorney didn't stop.

  “So, if Admiral Logan is not in his rights to countermand your orders as senior officer on the scene using the available intelligence you have, what gives others the right to do what they want no matter what their orders are?” Benny asked.

  “Objection!” Captain Rising Tide said, glaring at the defense attorney.

  “Sustained,” the lead judge snarled, pounding his hand gavel harshly. “The members will disregard this line of questioning,” the judge ordered, glaring at the defense counsel. “Keep it up, Counselor, and I'll have you up on a contempt charge.”

  “I think he has a valid point,” Colonel Talia said, making the lead judge stop and stare, taken aback.

  “There are some valid points in this line of questioning,” Admiral Silvestri said cautiously.

  “Sir, I believe we need an Article 39 hearing. I think we need to take this discussion in chambers,” the prosecutor said, eyeing the turncoat.

  “I make such decisions, Counselor,” Admiral Thurgrad said, shooting a warning look to the prosecutor. When he turned back to the other officers on the bench with him, he realized he didn't have much choice however. “In this case, I am in agreement however. The members of the jury are dismissed for …,” the judge looked at the clock, “let's say after 1300. That will give them and us time for lunch. Chambers,” he said, rising from his seat. “Lead counsel only, I don't want nor need a circus,” he said to Doctor Bullettine. The doctor grimaced but then acquiesced.

  @^@

  The Article 39a was held in chambers. Once everyone including the court reporter was settled, each side laid out their case.

  It was clear from Admiral Silvestri's vital signs that he was not happy or comfortable about being the deciding vote, but he had seen something and didn't like shying away from it either. “I need to put this off and look up the relevant articles before I can make a decision,” he said reluctantly when they were finished.

  “What's the problem?” Colonel Talia asked. “The articles have been sited and are as plain as day.”

  “Enough, Colonel,” Admiral Thurgrad growled. “Give him the time he requires,” he stated, giving his fellow admiral a glower.

  “We'll have to check the schedule then. Do you know how long you'll need, Admiral?” Benny asked helpfully.

  “Give me your written arguments, and I'll review them.”

  “That should take a day or so to write up,” Benny said.

  Captain Rising Tide grimaced but then nodded in agreement.

  “I'm off for a medical appointment in two days. I tried to schedule the recovery for the weekend. I'm available Tuesday,” Admiral Thurgrad admitted.

  “I'll be ready then,” Admiral Silvestri agreed with a nod.

  “Then we're adjourned until then,” the colonel stated with a nod to all parties.

  @^@

  The following Tuesday Horatio was transported to the court complex as usual. Just before they were to proceed, he was given his new uniform. “So, back to that again,” he said, noting the jacket lacked his proper rank insignia and markings. It didn't even have his fruit salad. He left the jacket behind in the waiting room.

  Benny saw him and raised an eyebrow. Horatio shook his head. “The jacket doesn't fit.”

  “It doesn't fit?” Benny asked. “Chuck measured you. I know he did; I was there. And the other jackets …”

  “I don't think that is the one your man Chuck made for me, nor the jacket from my kit,” Horatio elaborated, showing him the jacket.

  Benny grimaced.

  “We need to get moving, Counselor,” the bailiff said from outside the cell.

  “Counselor, your client is out of uniform,” Admiral Silvestri observed when he took his seat.

  “The uniform provided was for a commodore. I am a rear admiral, Your Honors,” Horatio said quietly. “I was given a choice of the orange prison jump suit or this.”

  The chief justice shook his head. “Not that again. It's too early in the morning,” he grumbled.

  “I have the IFF ID and electronic paperwork from Admiral Irons to prove it,” Horatio said simply. “This uniform was provided to me a moment ago, but it is not the one I've been wearing. My kit was taken.”

  “We provided a clean uniform to my client every morning, Your Honor. That uniform is now missing.” Benny said.

  “Get the jacket. You can wear it for one day,” the admiral growled testily.

  When the jacket arrived, Benny made certain to spill coffee on it to allow Horatio to get out of having to wear it. “My, how clumsy of me,” he murmured. Several people snorted as he dabbed at the uniform and then had Horatio take it off.

  Colonel Talia chuckled softly, surprising a few in the room. When they looked to him, he wiggled his ears but schooled his face into an impassive expression.

  “Fine, take it off so we can proceed,” Admiral Silvestri ordered with an imperious wave of his hand. “Bailiff, call the jury in,” the admiral stated.

  Chapter 36

  Bek

  President K'k'R'll sat in his saddle and listened to the AG. Occasionally, his antenna would bob at one point or another the attorney general made.

  “The case comes down to credibility. Obviously, the government normally has it. In this case, no, they don't. They've shot themselves in the foot several times. They keep doubling down however,” Mister Koitz stated.

  “How do they think they can get away with that?”

  “For the most part, they think they can because the odds are stacked against Admiral Logan. Also, in many cases it is a case of his word against theirs. Take for instance, the disobeying an order charge. The prosecution insists the orders are valid. Admiral Logan has provided copies from his implants to refute them. The two copies are different, and that is noticeable.”

  “So, he's winning the case?” Spencer asked, ears up.

  “Not necessarily. The navy has shot itself in the foot but a lot of that was during the first trial. They've been a bit more careful this time. They continue to attack any electronic evidence since it is corruptible. They have a point. When you run a case, you prefer hard copy and take any electronic evidence as highly suspect.”

  “Yet, they use it themselves.”

  “Yes, yes they do, when it benefits them. But it is easier to point to a piece of paper and say it is the real deal over an electronic file. Admiral Logan's defense team has been chipping away at that. They recently pointed out that metadata can prove when a file is accessed or modified and by whom. Ever
ything is time stamped as well. With the admiral, his orders were downloaded and encrypted. They also printed out a copy of orders and presented it as proof that anyone can print anything and claim it is true.”

  “I bet that didn't go over well,” the president stated, signaling first-degree amusement. His in-house counsel nodded wryly. He had used that trick in defense cases before.

  “It is difficult to say since we're relying on only one source of information in the trial. The gag order remains in place.”

  “Ah.”

  “The implant recordings are hard to refute; I have to admit that. They've got multiple witnesses performing perjury on the stand.”

  “Ah.”

  “The hardest charges to handle are the ones related to the Xeno virus. Those hit on an instinctive level with everyone.”

  “Wait, back to the disobeying orders and conduct unbecoming, didn't they dismiss some charges?”

  “Yes, yes they did. The sexual harassment charges were also dismissed.”

  “So, that goes to credibility?” Spencer asked. Mister Koitz nodded. “But he's still on the ropes?”

  “Remember who you are dealing with. This is a kangaroo court.”

  “Lovely,” the Neodog grumbled.

  “I read a line the prosecutor hit them with yesterday,” Mister Koitz said. “In fact, I wrote it down,” he said as he pulled it up on his tablet. “Ah, quote, it just proves the accused picked and chose what to obey and what to ignore,” he said. “That's the new line of attack on his disobeying orders.”

  “So, they are abandoning changing the orders?”

  “Not necessarily. I think they aren't too big on strategy here. They are throwing everything at the jury and seeing what sticks. But, as I mentioned a moment ago, the nanotech one is going to be a big seller. Juries have convicted on emotional testimony, flouting all reason if it hits hard enough. They are starting to get into that. I'm expecting a dog and pony show to spoon-feed reminders to the jury as to why nanotech is so feared.”