A Just Determination

Chapter Ten

The next witness called by the prosecution was Commander Brilling, the Chief Engineer of the Michaelson. "Commander Brilling, you were in charge of the first inspection team sent over to the wreck of the SASAL ship from the Michaelson, were you not?"

Brilling seemed nervous, unhappy at interacting with people instead of his engineering plant. "That's correct."

"What was the purpose of that inspection?"

"Captain Wakeman told me we were find and document all evidence of weaponry on the SASAL ship."

"And what weaponry did you find on the SASAL ship?"

Brilling seemed reluctant to reply. "None."

"None? There were no weapons?"

"Just some hand weapons that Ensign Sinclair found in the captain's cabin. Nothing besides that."

"So you found no means by which the SASAL ship could have presented a threat to the USS Michaelson?"

"No. No, there wasn't anything there."

"Did the interior of the SASAL ship show any signs of having been prepared for combat?"

"Uh, no. None of the airtight hatches had sealed. Uh, that is, a few had when atmosphere vented because of their automatic spring-loaded triggers, but the ship was pretty much wide open."

"Were the crew all suited up?"

Brilling grimaced in time to Paul's own internal flinch at the memory of the bodies they'd found. "No. They'd all… they were all dead. From decompression. Those that didn't get hit by our weapons."

"How much damage had the Michaelson 's weapons done to the SASAL ship?"

"Oh, it was effectively destroyed. We'd punched holes in him from one end to the other."

"Effectively destroyed." Wilkes walked away for a moment, then turned back to face Brilling. "Would you say the amount of force employed was excessive?"

"Objection." Garrity indicated the chief engineer. "The question calls for a subjective opinion."

"I will rephrase the question. Commander Brilling, could any threat from the SASAL ship to the USS Michaelson, even assuming the SASAL ship had been armed, been countered by using less force than was actually employed?"

"Uh, well, if we'd targeted the engineering spaces we could've taken them off line and eliminated his ability to power-up weapons or maneuver."

"But you said the entire ship had been 'punched full of holes' or words to that effect. So the degree of force actually used was in excess of that needed to neutralize any threat from the SASAL ship?"

"Yes. You could say that."

"No further questions."

Lieutenant Commander Garrity stood before Brilling. "Commander, you said your search party was sent to the SASAL ship to, in your words, find and document evidence of weaponry on that ship. Did you expect to find weapons onboard?"

"Uh, I guess I did."

"Did Captain Wakeman expect you to find weapons on board?"

"Yes. He sure did."

"So would you say there was an expectation of finding weapons on board that ship?"

"I… well, if we knew weapons were there we wouldn't have had to send a search party to investigate."

"Were you personally surprised not to find any weapons?"

Brilling looked away, his mouth working, then nodded. "Yes, I was."

"Commander, if the SASAL ship had been armed, and if those weapons had been charged, would targeting the engineering spaces of the SASAL ship have eliminated its ability to fire on the Michaelson?"

"Well, not entirely. I mean, they still could've discharged whatever was in the weapons."

"So if the SASAL ship had been armed, then even if deprived of its engineering spaces, it could still have fired a volley into the Michaelson at point-blank range?"

"I… guess that's true."

"No further questions."

"Trial counsel will redirect." Wilkes took Garrity's place. "Commander Brilling, speaking for yourself, what evidence were you aware of regarding weapons on the SASAL ship prior to your leading a party aboard?"

"There wasn't any. That's why we went."

"There wasn't any. But you'd fired upon and destroyed that ship. Did you really expect to find weapons, or were you hoping to find weapons?"

Brilling flicked a glance toward Wakeman. "I… I… was hoping to find them."

"In order to justify the actions of Captain Wakeman?"

"It doesn't… I mean…"

Wilkes eyed Brilling with apparent sympathy. "Your ship had just destroyed another ship on orders of Captain Wakeman. Would it be fair to say you hoped that destruction had been justified?"

"Yes. Absolutely."

"And wasn't that hope what led you to 'expect' to find weapons on board the SASAL ship?"

Brilling looked at the deck. "I think so. Yes."

"No further questions."

To Paul's surprise the prosecution next called Commander Sykes as a witness. Why the supply officer next? I heard the weapons officer kept tripping over his tongue when he went over testimony with Wilkes. I guess Sykes is all that's left at that level, but what is Wilkes planning to get him to say about Wakeman?

Sykes was sworn in and settled back in the witness stand as if he were holding court in the Michaelson 's wardroom. Wilkes came to stand before him. "Are you Commander Steven Sykes, United States Navy, currently assigned as supply officer to the USS Michaelson?"

"That is correct."

"And you have served on the USS Michaelson for fifteen months, and during that entire period Captain Wakeman has been in command."

"That is also correct."

"Commander Sykes, has Captain Wakeman ever given you reason to doubt his judgment?"

"Objection." Lieutenant Commander Garrity indicated Sykes. "This question is immaterial to the charges against Captain Wakeman, which concern his actions in several specific cases."

Judge Holmes looked at Wilkes. "Trial counsel?"

"Your Honor, I am seeking to establish a pattern of questionable judgment by Captain Wakeman during the last underway period for the USS Michaelson. Since this is the same period in which the actions in question took place, I believe it is material to determine if Captain Wakeman's record is consistent with the charges of later negligence and poor judgment."

Holmes pondered the matter for a moment. "Overruled, Commander Garrity. The question is judged material and is allowed."

Wilkes focused back on Sykes. "I'll repeat the question for you, Commander Sykes. Has Captain Wakeman ever given you reason to doubt his judgment?"

Sykes made a noncommittal face. "Everyone has bad days, Commander Wilkes."

"Perhaps I should be more specific." Wilkes leaned a little closer to Sykes. "During your last underway period, a captain's mast resulted in one of your petty officers being reduced in rate to a seaman. Do you know the case I'm speaking of?"

Sykes nodded. "That would be Petty Officer Arroyo."

"Did you think the decision reached by the captain in that case reflected good judgment?" A pause stretched while Sykes gazed imperturbably back at the prosecuting attorney. "Commander Sykes? Did you understand the question?"

"Certainly. No, I did not believe it reflected good judgment on Captain Wakeman's part."

"Captain Wakeman disregarded the testimony and character judgments rendered by both you and your assistant, Lieutenant Bristol, didn't he?"

"That's correct."

"Did Captain Wakeman give you any reasons for doing that?"

Sykes shrugged. "No, but then he wasn't under any obligation to do that."

Captain Nguyen interrupted whatever Wilkes had been planning to say next. "What exactly was this mast case about? What was it, uh…"

"Petty Officer Arroyo."

"Yes. What was it Petty Officer Arroyo did, or was accused of doing?"

"Captain Nguyen." Judge Holmes indicated Commander Wilkes and then Lieutenant Commander Garrity. "It is customary to allow both prosecution and defense to finish questioning a witness before the members ask questions."

"I'm sorry, Captain Holmes. Please continue, Commander Wilkes."

Wilkes smiled. "Thank you, ma'am. I have no objection to Commander Sykes answering your question at this time."

"The defense has no objection," Garrity stated.

"Very well," Judge Holmes replied. "Commander Sykes, what was it your petty officer was accused of?"

"He was accused of stealing a package of peaches, Your Honor."

Captain Nguyen let her surprise show. "A package…? I see. Who brought the charge, Commander Sykes?"

"One of my chief petty officers, ma'am."

"But you yourself apparently didn't believe the charge should have been pursued?"

"No, ma'am. I believed it to be a matter of poor record keeping, not larceny."

Captain Nguyen smiled briefly at Sykes' last reply. "If we're supposed to condemn Captain Wakeman's judgment in this case, then I'd like to hear that chief's side of the story. Would anyone object to that? Is he to be called as a witness?"

Wilkes shook his head. "Unfortunately, Chief Mangala is no longer assigned to the USS Michaelson."

"He's been transferred?" Judge Holmes frowned at Wilkes. "Why was a potential witness allowed to transfer?"

Wilkes gestured toward Sykes as if seeking to deflect the judge's disapproval. "The transfer order was a high-priority personnel action, your honor. Since Chief Mangala did not seem to be a material witness to the charges against Captain Wakeman, I did not believe I had grounds for holding up that transfer."

"I see. Is the chief still available at all? Where'd he transfer to?"

Sykes smiled apologetically. "Ceres Station."

"Ceres? Good Lord, who'd he piss off?" Nguyen caught herself, looking around the room, embarrassed by her outburst. "I'd like my last statement stricken from the record, if that's alright, Your Honor."

Judge Holmes nodded obligingly. "Since I tend to agree with the sentiments expressed, I so order the statement stricken. Where is Chief Mangala at this moment?"

Sykes smiled again. "Chief Mangala is on the Ceres resupply mission which departed two days ago."

"Then I assume he's not going to be available for a few years, unless we set up virtual testimony by using communication relays. Do you want the court to pursue that, Captain Nguyen?"

Nguyen pursed her mouth, then shook her head. "No. This a minor issue. I don't want to devote too much time or resources to obtaining Chief Mangala's testimony. Thank you, Captain Holmes."

"Of course. You may continue, Commander Wilkes."

"Thank you, your honor." Wilkes turned back to Commander Sykes. "What is your personal assessment of Captain Wakeman's reliability and judgment?"

"Excuse me?"

"As one of his department heads, did you trust Captain Wakeman to make correct decisions?"

Sykes shrugged. "To be perfectly honest, Captain Wakeman rarely intervened in supply issues. As far as issues regarding the operations of the ship, I don't feel myself qualified to judge."

"You worked with Captain Wakeman every day. You are a commissioned naval officer."

"I am a limited duty officer, Commander Wilkes. I do not have the experience to judge the actions of line officers."

"You're avoiding the question, Commander Sykes."

"No, I'm telling you it's a question I'm not qualified to answer."

"I ask the court to direct the witness to answer the question put to him."

Judge Holmes looked toward the members of the court-martial. "This matter appears to deal with line officer perceptions. I'd be interested in knowing the opinion of the line officer members."

Feres curled up one corner of his mouth in a half-smile. "Commander Sykes is answering the question. At least he is in my opinion."

Admiral Fowler nodded. "And mine. I think it is both proper and accurate for Commander Sykes not to express opinions on operational matters, just as it would improper for me to pretend to be an expert on supply issues."

"Exactly so," Captain Nguyen agreed.

"Then the court rules that Commander Sykes has answered the question put to him. You may move on, Commander Wilkes."

"Thank you." Wilkes stared at Sykes for a moment, who met his look with a perfect display of nonchalance. "I have no further questions of this witness."

"Commander Garrity, you may cross-examine."

Lieutenant Commander Garrity eyed Sykes thoughtfully. "Commander Sykes, in your experience with Captain Wakeman, how often did he violate orders and instructions pertaining to supply issues?"

"Pertaining to supply issues? He didn't."

"Then you would say that in your experience Captain Wakeman took care to ensure you conformed to such orders and instructions?"

"That's correct. Captain Wakeman informed me that he had no wish to be embarrassed by any failures on my part to do my job properly."

"Thank you, Commander Sykes. No further questions."

Holmes looked to Wilkes. "Redirect?"

"Yes." Wilkes came close to Sykes again. "Commander Sykes, are you saying that you never failed to conform to all standing supply orders and instructions while serving on the USS Michaelson?"

"No. I didn't say that."

"If Captain Wakeman didn't direct you to, why did you deviate from those standing and instructions?"

"To get the job done, Commander Wilkes." Sykes smiled apologetically again. "I believe I'm what line officers refer to as a 'good' supply officer."

"What's that supposed to mean, Commander Sykes?"

Admiral Fowler interrupted whatever Sykes had been planning to say. "It means he bends the rules if he has to in order to get the supplies his ship needs. Right, Commander Sykes?"

"I prefer to describe it as being mission-oriented, Admiral."

A low chuckle ran through the court room, drawing a warning look from the judge. Wilkes curled up both corners of his mouth in a pro forma smile. "No further questions."

After Sykes received the same temporary excusal as Garcia had, Judge Holmes looked around the court room. "Admiral Fowler informed me earlier today that he has an urgent personal matter to attend to later. Therefore we will only take one more witnesses' testimony today before closing. Call your next witness, Commander Wilkes."

"The United States calls Lieutenant Sindh."

A few minutes later, the swearing in and identification completed, Wilkes stood before Lieutenant Sindh, eyeing her intently. "Lieutenant, you were officer of the deck during the encounter with the SASAL ship. During that incident, was Captain Wakeman in control of himself and the situation?"

"Objection. The question calls for the witness to state an opinion."

"I'll rephrase the question. Lieutenant Sindh, did the actions of Captain Wakeman during the incident inspire confidence in you?"

"No, sir."

"Did you have the sense that Captain Wakeman was in control, or did you believe he was reacting to events?"

"At first he was in control of things, sir. Then it seemed to shift and nobody knew how to react."

"Nobody? Or just Captain Wakeman?"

"Objection. Opinion."

"I'll rephrase. During the period preceding firing upon the SASAL ship, that is during the last few hours prior to that, did Captain Wakeman express any misgivings or concerns that you are aware of?"

"Just about the SASAL ship maybe getting away, sir."

"Did he express any concern on the bridge about the SASAL ship being a potential threat to the Michaelson?"

"No, sir, not until after the ship changed course toward us."

"Lieutenant Sindh, as the officer of the deck during a general quarters situation, you are briefed on any plans to deal with enemy action or respond to any crisis. Isn't that correct?"

"Yes, sir."

"We're you briefed on any plans to react to movements of the SASAL ship?"

"No, sir."

"To the best of your knowledge, were there any plans for dealing with the SASAL ship if it did not cooperate with Captain Wakeman's instructions?"

"I wasn't told of any such plans, no, sir."

"Then, again to the best of your knowledge, would it be fair to say that Captain Wakeman had brought his ship into a confrontation with another vessel without any plans for handling that confrontation?"

"Yes, sir, I'd have to say that matches with what I know."

"And once that confrontation began proceeding in a manner Captain Wakeman did not anticipate, did he display any sign of having a plan of action prepared, of having thought through what might happen and how he would respond to it?"

"No, sir. My impression was that we were reacting to the actions of the SASAL ship."

"You were reacting to the actions of the other ship without any plan for dealing with those actions. Would you say then that Captain was in control of the situation, or not?"

"He wasn't in control of the situation, sir. We were reacting. Since the SASAL ship wouldn't-"

"Did you receive any orders from Captain Wakeman to maneuver the USS Michaelson during the incident?"

"No, sir."

Did you hear Commander Garcia recommending such maneuvers?"

"Yes, sir."

"In your experience, what is the proper course of action to take if another ship is on a course which threatens a collision with your own?"

Lieutenant Sindh took a moment to reply, apparently organizing her thoughts. "Well, the first thing you do is try to talk to the other ship."

"Why, Lieutenant?"

"To make sure that any actions you take, any maneuvers, are coordinated. Otherwise you might both turn away onto the same vector and end up still colliding."

"Did Captain Wakeman attempt to coordinate maneuvers with the SASAL ship?"

"He told our own communications people to tell the SASAL ship to veer off, sir."

"He told the SASAL ship? The same ship that hadn't responded to any earlier communications?"

"Uh, yes, sir."

"Is telling another ship what to do, a ship you can't be sure is receiving your communications, the same as what you called coordinating maneuvers?"

"No, sir."

"As an experienced officer of the deck, what course of action would you normally follow if another ship was on a near collision course and had not communicated with you in any way?"

"I'd maneuver to open my CPA, sir."

"CPA?"

"I'm sorry, sir. Closest point of approach. I'd maneuver to try to put more distance between my ship and the path of the other ship."

"But Captain Wakeman didn't order that, did he?"

"No, sir."

"What would you expect to happen to you, as an officer of the deck, if you were in such a situation and failed to maneuver? If you simply maintained your own course and speed while the other ship came closer and closer?"

Lieutenant Sindh looked at Wilkes for a moment before replying. "I'd expect to be relieved, sir. Removed from my station as officer of the deck."

"Because you'd failed in your duties?"

"Yes, sir."

"But Captain Wakeman, who had control of the bridge at that point, never ordered any maneuvers."

"No, sir."

"Thank you, Lieutenant. No further questions."

Lieutenant Commander Garrity took Wilkes' place before the witness stand. "Lieutenant Sindh, in response to a question from the trial counsel on being in control of the situation, you were saying something about what the SASAL ship wouldn't do, and didn't get to finish. Would you like to finish what you were saying a moment ago?"

"Yes, ma'am. I was saying that since the SASAL ship refused to respond to any communications and was maneuvering around us, we didn't have any choice but to react to its actions."

"Did you anticipate the SASAL ship behaving in that fashion? Had you formed any plans yourself about what to do if the other ship refused to communicate and maneuvered aggressively?"

"Objection. It has not been established that the maneuvers of the other ship were 'aggressive.'"

"I will rephrase. Had you conceived of the SASAL ship behaving in the manner it did, and for dealing with that behavior?"

"No, ma'am. Nobody expected them to act that way."

"Would you characterize their behavior as unpredictable?"

"Objection. Opinion."

Judge Holmes looked toward the members. "Is this a reasonable judgment to demand from the witness?"

Fowler twisted his mouth while he considered the question, then nodded. "Yes. As a fleet officer of the deck, Lieutenant Sindh is qualified to make a judgment of that nature."

"Objection overruled. The witness will answer the question."

"Yes, ma'am. I would say the SASAL ship's behavior was unpredictable."

"Do you believe it is reasonable to expect someone to plan for the unpredictable?"

Lieutenant Sindh managed a small smile. "Uh, ma'am, it may not be reasonable, but in the fleet we're asked to do it all the time."

Garrity rubbed her mouth for a moment, apparently unhappy with the last reply but unable to retract what had been said. "Lieutenant Sindh, did you believe the Michaelson to be in danger when the SASAL ship came to a near-collision course?"

"There's always some danger when that happens."

"After the SASAL ship changed course and headed toward the Michaelson, didn't the Michaelson 's collision warning alarm sound?"

"Yes, it did. Twice, if I remember right."

"And isn't that system set to warn of situations in which the ship's tracking equipment assesses a danger of collision? That is, actual physical contact between two ships?"

"Yes, ma'am."

"Do you recall what the estimated closest point of approach was for the SASAL ship?"

"Yes, ma'am. It was about two kilometers. Maybe a little less."

"Two kilometers? At the velocities your ships were traveling? How dangerous is that?"

"Extremely dangerous."

Paul listened with growing curiosity. Garrity's questions seemed to be simply reinforcing Wilkes' point that Wakeman had failed to maneuver when he should have.

Lieutenant Commander Garrity looked over at the members before asking her next question. "Now, Lieutenant Sindh. The SASAL ship had refused to communicate with you."

"Objection. The reason for the failure to communicate remains unknown."

"I will rephrase. The SASAL ship had failed to communicate with you. It had changed course, coming to a vector which created the risk of collision between your two ships. Did you have any way of knowing how the SASAL ship would react if you maneuvered the Michaelson?"

"I don't understand the question, ma'am."

"If you had maneuvered the Michaelson, couldn't the SASAL ship have altered its vector to counteract that maneuver and maintain a situation in which your own ship's tracking systems had declared an imminent risk of collision?"

"Yes… I suppose that's true, ma'am."

"The SASAL ship had deliberately come to a course risking collision. Did you have any way of knowing whether or not it would do so again even if you maneuvered?"

"No. It could've done that."

"And you had no means of determine its intentions, did you, Lieutenant Sindh? Because the SASAL ship hadn't communicated with you, you had no way of knowing how it would react to an attempt to maneuver on your part."

"That's true, ma'am."

"Assuming the SASAL ship did maneuver in response to any evasive action you took, could that have actually brought about a collision even earlier than predicted by your own ship's tracking systems? Too quickly for the Michaelson to react again?"

"Objection. The defense counsel is asking the witness to speculate about events which did not occur."

"I withdraw the question."

Paul nodded to himself. But you got your point out to the members of the court-martial, didn't you?

Garrity came close to Sindh, looking at her intently. "Lieutenant Sindh, when the SASAL ship came to a near-collision course with the Michaelson, did you, as a qualified officer of deck, feel your ship to be in danger?"

"Yes, ma'am."

"And is that assessment based upon your professional experience?"

"Yes, ma'am."

"Then would you regard it as reasonable for another professional officer to feel the same or greater degree of concern for the safety of the ship?"

Sindh paused before replying. "I… yes, ma'am."

"You wouldn't regard such a concern as unreasonable?"

"No, ma'am."

"Did you feel in danger? Did you think the ship was threatened by the actions of the SASAL ship?"

"Yes, ma'am. I did."

"Thank you, Lieutenant. No further questions."

Wilkes stood quickly. "I have a few more questions, if it please the court. Lieutenant Sindh, as the officer of the deck during this incident, did any action by the SASAL ship strike you as hostile? Not reckless, but hostile."

"No, sir. I can't honestly say the SASALs did anything I could definitely classify as hostile."

"Have you encountered situations before where civilian spacecraft maneuvered in a reckless fashion near your ship?"

Sindh couldn't help smiling bitterly. "Every officer has encountered such situations, sir. None of us are really comfortable with civilian spacecraft nearby."

"But Captain Wakeman brought his ship close to a civilian spacecraft."

"Yes, sir, he did."

"Even though civilian spacecraft sometimes maneuver recklessly."

"Yes, sir."

"Again, as a qualified officer of the deck, do you believe there is any circumstance in which you are authorized to fire upon another ship just because it is behaving recklessly?"

"I'm not aware of such a circumstance. No, sir."

"Do the standing rules of engagement, which you are required to be familiar with as a fleet watch officer, authorize you to fire upon a ship simply because it is acting recklessly?"

"No, sir."

"What would do if a ship was behaving a reckless manner?"

"As I said before, I would attempt to steer clear of it, sir."

"But Captain Wakeman didn't even attempt to steer clear of the SASAL ship. He didn't even try such a maneuver."

"Uh, no, sir."

"Didn't Captain Wakeman in fact order you to close on the SASAL ship?"

"Objection." Lieutenant Commander Garrity stood as well. "It has already been established that Captain Wakeman's decisions to close on the SASAL ship occurred prior to the SASAL ship's own maneuvers. He did not order any closer approach after the SASAL ship itself began maneuvering."

"I withdraw the question. No further questions."

"Do the members wish to question the witness?"

Admiral Fowler looked to either side. "Apparently not."

Paul took a deep breath as Lieutenant Sindh stood and walked down off the witness stand. I wonder if I'll do half as good as Sindh did? Sindh's a lot more experienced with handling pressure than I am, and Wilkes will be gnawing on me during cross-examination, not Garrity. The members were impressed enough by Sindh not to even ask her anything. What'll they do to me?

Judge Holmes looked out over the courtroom. "The court-martial is closed. It will reconvene at ten hundred tomorrow morning in this courtroom."

Paul looked toward the back of the room as he stood. As she'd predicted, Jen wasn't there.

Carl spotted Paul looking his way and mimed a flat hand across his throat as he shook his head. The message You're going to have a rough time was unmistakable.

Thanks, Carl. Like I needed you to tell me that. I hope Jen has something pleasant to talk about.

Paul rapped a couple of times on the bulkhead next to the port ensign locker, then stuck his head inside. Jen Shen and Kris Denaldo were both in the stateroom, seated at their desks, Kris as usual absorbed in her work even though it was after normal working hours. "Hey, Jen. You asked me to look you up after the trial."

Jen leaned back in her chair, grinning at Paul. "Yeah, I did. I got some really good news, Paul."

"Really good news? What's that?"

"I got orders."

"Huh?" Paul felt a sinking feeling in his gut. How can Jen have orders? A normal tour of duty for a junior officer on a ship lasts three years. "Transfer orders?"

Jen fingered the gold bar on her collar and nodded. "Yeah. I got split-toured."

"Split-toured?"

"Instead of three years on the Michaelson, I get about a year and half on this tub, and then a year and a half on another ship. It wasn't going to happen, because we were supposed to be out on patrol a few more months and that would have screwed up the timing, but since we got back early they were happy to use me to fill an upcoming vacancy on another ship. Cool, huh?"

Paul tried to absorb the news, and not let show how he felt inside. "When's your transfer?"

"About two weeks."

"What?" Jen's leaving? So soon? She's my best friend on this ship. Maybe my best friend ever. Oh, hell. "How… how can you do that? I thought transfers were frozen until the end of the court-martial, and we don't know when that'll be, yet."

"I'm transferring to the Maury. She's in long-term refit, so I guess they're not worried about me going anywhere even if the court-martial does drag on that long. So, yahoo! I'm getting off the Merry Mike! Aren't you happy for me, Paul?"

"Sure. Sure I'm happy. That's great, Jen."

"Why, Paul. You look a little down. Doesn't he look down, Kris?"

Denaldo glanced at Paul. "Definitely."

"Are you going to miss me, Paul?"

"Sure I'm going to miss you."

"That's sweet. Isn't that sweet, Kris?"

"Definitely."

"I've got an unofficial farewell party at Fogarty's tomorrow night. All the best junior officers will be there. You're coming, right?"

"Sure. Wouldn't miss it for the world."

"Good. It wouldn't be the same without you. Can you make sure Paul gets to it, Kris?"

"Definitely."

Paul looked from Kris to Jen. Kris isn't upset. Jen's happy. Why shouldn't she be? Why shouldn't I be? Jen's getting off this ship, and more power to her. We don't know what the new captain will be like, Jen and the XO don't get along, and her department head isn't any prize. It's pretty selfish of me not to be happy for her. "Is that all you wanted to talk about, Jen?"

She smiled up at him. "Yup."

"Okay. Well, I need to catch up on the work I missed today, so I guess I'll see you tomorrow night."

"Oh, I'm sure I'll see you at the court-martial, too. We'll wave."

"Uh, yeah. Well, see you then." Paul headed slowly for the starboard ensign locker. Home sweet home. A little confined space on a ship full of little confined spaces, where I spend every day working my butt off and getting yelled at. And just to make life even more pleasant I had to go and decide to be both noble and stupid like Jen said and stand on principle when it's not going to matter to anyone and is likely to get me shredded into hamburger on that witness stand. Then just to top it all off the one person I can always talk to about things is leaving. Man, life sucks. And there's nobody to blame but myself.

Much of the morning of the next day was spent introducing exhibits, the trial counsel and the defense counsel haggling over which should be introduced and what, if anything, they meant. After an extended period devoted to that, Wilkes brought up a display in which a simulation of the Michaelson 's encounter with the SASAL ship played out. At decisive points, Wilkes cited the testimony of Garcia and Sindh to point out Wakeman's decisions and alleged failures. Paul found himself wincing, sick inside, as simulated weaponry flayed the simulated SASAL ship. Real people had died in the event portrayed there. Every once in a while he still saw the shocked face of the dead SASAL sailor in his dreams.

More witnesses were called, personnel from fleet staff who testified to the content and meaning of standing orders and instructions. A chorus of witness all joining in the same refrain: that Captain Wakeman had failed to follow the guidance contained in those documents. Garrity, like a desperate soldier fighting a hopeless rearguard battle, failed to halt the prosecution onslaught created by matching Wakeman's acts to the written words which were supposed to govern his actions.

Paul sat in his seat through lunch, not hungry and not feeling social. Carl Meadows came by as lunch was ending, looking at Paul with concern. "Where were you?"

"I'm okay."

"I didn't ask that. Jen, Kris and I are seated in the back if you need distant moral support."

"I know. Thanks."

"You sure you're okay?"

"Just a little wired, that's all."

"Kris says she has orders from Jen to personally escort you to Jen's farewell tonight and that she'll do it if she has to drag you every step of the way."

Paul managed a smile. "I'll be there."

The trial counsel only had one witness left who'd been scheduled but not yet called. Paul didn't think he'd ever concentrated so carefully on anything as much as he did now when she took her place on the witness stand. Commander Wilkes was culminating the second day of the court-martial with the witness who could be the most damaging to Wakeman. If she chose to be.

"Commander Herdez. How long have you served as executive officer of the USS Michaelson?"

"Approximately one year." Nothing about Herdez, her face, her voice, the way she sat straight-backed in the witness chair, gave a clue to her thoughts or feelings.

"And Captain Wakeman has commanded the Michaelson during that entire period?"

"Yes."

"What is your professional degree of confidence in Captain Wakeman's judgment?"

"Captain Wakeman was the captain of my ship."

Wilkes waited a moment, as if expecting Herdez to say more. "Meaning?" he finally prodded.

"Meaning that it was my duty to implement his orders to the best of my ability."

"I'm sorry, Commander Herdez, but I'm asking about your confidence in Captain Wakeman."

"And I am telling you he was the captain of the USS Michaelson. It was my duty to follow the captain's orders. It was not my duty to make evaluations of the captain's judgment."

Wilkes stared at her silently for a moment. "Very well, Commander. It was also your duty to offer advice to the captain of your ship when circumstances warranted, correct?"

"Yes."

"What was your advice concerning pursuing the SASAL ship outside of your patrol area?"

"I believe that advice was offered in confidence."

"Would the court direct the witness to answer?"

Judge Holmes nodded. "So directed. Commander Herdez, you will answer questions regarding any advice given by you to Captain Wakeman concerning the incident in question."

"Yes, ma'am." Herdez didn't seem fazed by the rebuke. "I told Captain Wakeman that in my opinion we had carried out our responsibilities by chasing the SASAL ship from our patrol area."

"Then you told him you did not recommend pursuing the SASAL ship outside of your patrol area?"

"Yes."

"What was Captain Wakeman's response?"

"He disagreed."

Captain Feres coughed to cover up a laugh.

"What did Captain Wakeman say?" Wilkes pressed.

"He said he believed we should pursue and intercept the SASAL ship."

"Did he say why?"

"He felt our orders required such action."

"Is that the only reason he gave?" Herdez paused before replying. "I'll remind the witness she is under oath."

For the first time, emotion flashed across Herdez' face. "I did not need to be reminded of that fact," she stated icily. "Captain Wakeman stated that seizing the SASAL ship would generate a favorable reaction toward the ship from our fleet staff."

"A favorable reaction toward the ship? Or toward Captain Wakeman personally?"

"Captain Wakeman did not specify."

"He said nothing about believing intercepting the SASAL ship would be a feather in his personal cap?"

"I don't recall his exact words."

"But he did express the hope that he personally would gain favorable recognition as a result of his actions?"

"Yes."

"I see." Wilkes paced back and forth a few steps. "What about when you were closing on the SASAL ship? Did Captain Wakeman ask your advice during that period?"

"No."

"Not at all?"

"No."

"Don't you regard that as unusual? Negligent, even?"

"The captain of a ship is not required to ask advice of his or her subordinates."

"But doesn't a wise captain do so?"

"Some do and some don't, Commander Wilkes. I'm not in a position to comment on their professional judgment, either."

This time Feres just cleared his throat.

Wilkes stood directly in front of Herdez. "Isn't it a fact that prior to Captain Wakeman firing the shot across the bow of the SASAL ship, you publicly questioned the wisdom of that act?"

"No, it is not."

"You called to the captain across the bridge, pointed out that you were outside of the American territorial area, and raised the question of whether use of force under those circumstances was covered your orders, did you not?"

"Yes. But those actions do not add up to publicly questioning the wisdom of the captain's actions."

Wilkes smiled. "Would you then characterize your questions as attempting to alter a course of action which Captain Wakeman seemed intent on pursuing?" Herdez hesitated again. "Commander?"

"Yes."

"Yes, you were attempting to dissuade the captain from firing that shot?"

"Yes."

"And what was Captain Wakeman's response?"

"He asked Ensign Sinclair, the ship's legal officer, if our orders could be interpreted as justifying his action."

"So he turned aside your concerns. He ignored the obvious intent of your question and instead turned to the most junior officer on the ship for some form of justification for the course of action Captain Wakeman had already decided upon. Isn't that correct?" Herdez sat silent, her face revealing nothing. "I asked you if that is correct, Commander."

"That is one possible way of describing events."

"And once the SASAL ship had altered course, once it had begun closing on the Michaelson, did Captain Wakeman follow the advice of anyone else?"

"I don't recall-"

"The ship's log indicates Commander Garcia more than once recommended that Captain Wakeman maneuver the Michaelson to open this distance between the ships. Did Captain Wakeman order his ship to maneuver?"

"No."

"Several individuals heard you caution Captain Wakeman that the SASAL ship could be continuing its pattern of perceived harassment. Do you recall doing that?"

"Yes."

"Did Captain Wakeman acknowledge your advice?"

"No."

"Did Captain Wakeman begin to panic as the SASAL ship closed on the Michaelson?"

"Objection." Lieutenant Commander Garrity motioned toward Herdez. "Trial counsel is asking Commander Herdez to comment on Captain Wakeman's state of mind."

"I will rephrase. Did Captain Wakeman appear to panic as the SASAL ship closed on the Michaelson? Commander Herdez?"

"Captain Wakeman appeared agitated."

"Agitated? Did he appear to be in control of the situation?"

"There was no way for Captain Wakeman to control the actions of the SASAL ship."

"Did Captain Wakeman appear to be in control of the situation on the bridge of his own ship? Or was he simply reacting to events which he had allowed to get totally out of hand?"

"Objection."

"I withdraw the question. Commander Herdez, whose decision was it to pursue the SASAL ship?"

"Captain Wakeman's."

"Whose decision was it to fire a warning shot at the SASAL ship?"

"Captain Wakeman's."

"And whose decision was it to fire on the SASAL ship itself, killing its entire crew and crippling the vessel?"

"Captain Wakeman."

"You're an experienced fleet officer with an impeccable record, Commander Herdez. Would you have done any of those things? Would you have made any of those same decisions? Would you have ignored the advice of everyone around you?"

Herdez took a long moment to reply. "I was not the commanding officer. The ultimate responsibility for the safety of our ship, for executing our orders and carrying out our mission, did not rest with me."

"You're saying you would have done all those things, Commander? Exactly as Captain Wakeman did?"

"I am saying I cannot claim to know what I would have done had the burden of command rested upon me."

Wilkes smiled slightly. "I have no further questions at this time."

Lieutenant Commander Garrity walked slowly toward Commander Herdez. "Commander, how long had the Michaelson been on patrol before the encounter with the SASAL ship?"

"Approximately ten weeks."

"And during that ten week period, how many ships had come anywhere near the Michaelson?"

"Once we left the vicinity of Franklin Station we had very few encounters with other shipping."

"And most of those encounters were at great distances, weren't they? Yet, during the incident with the SASAL ship, you suddenly found yourselves in a very fast moving situation. Do you think any crew could have performed optimally under those circumstances?"

"I kept the crew well-trained, Commander Garrity."

"I don't doubt that, ma'am. But there's no substitute for actual practice, is there? Would you agree the crew was unpracticed in dealing with such a fast-moving situation?"

"Yes."

"Could this have affected the support they provided to Captain Wakeman?"

A pause. "Yes."

"Commander Herdez, your loyalty to your commanding officer is obvious and commendable. But Captain Wakeman is no longer your commanding officer. Why are you clearly unwilling to condemn his actions?"

Herdez gazed back at Garrity. "My duty as the executive officer is to support my ship's captain to the best of my ability. The moment I lose the confidence of my ship's captain I am no longer able to carry out that duty."

"And that is why you refuse to second guess the decisions Captain Wakeman made during a fast-moving situation in which he believed his ship to be in danger?"

"That is why I refuse to second guess any decision by my ship's captain."

"Thank you, Commander Herdez. No more questions."

Wilkes stood. "I'd like to redirect. Commander Herdez, you said your crew was well-trained. Do you believe they were incapable of providing effective support to Captain Wakeman during the encounter with the SASAL ship?"

Paul gritted his teeth. He's got her there. Herdez either says she failed to train the crew properly, or admits she did and that Wakeman didn't listen to them.

Herdez shook her head. "No."

"So the crew was capable of providing effective support to Captain Wakeman?"

"Yes."

"Commander Herdez, if Captain Wakeman ordered his ship to ram Franklin Station, would you regard it as your duty to support his actions?"

Herdez almost seemed to smile for an instant before responding. "That situation has never arisen, Commander Wilkes, so I am unable to evaluate whatever factors might have led Captain Wakeman to make such a decision."

"You think there are circumstances under which such a decision would be supportable?" Wilkes let his voice rise with incredulity.

"Yes."

"Such as?"

"Occupancy of Franklin by hostile forces intent upon using its resources against us. Emergency destruction of the station following its evacuation. Maintaining a collision course with the station rather than undertaking avoidance maneuvers which would cause the loss of more critical assets. Emergency destruction of the Michaelson to neutralize an onboard threat to humanity. Orders directing-"

"Thank you, Commander Herdez." Wilkes shook his head as he returned to his seat. "No further questions."

"Do the members have any questions for Commander Herdez?"

Admiral Fowler regarded Herdez carefully, as if she represented an intriguing puzzle. "Commander Herdez, throughout the sequence of events leading up to the destruction of the SASAL ship by the USS Michaelson, did you ever question the correctness of Captain Wakeman's decisions?"

"Sir, I provided Captain Wakeman with my input to his decision process whenever I deemed it appropriate."

"But Captain Wakeman didn't pay a lot of attention to your input, did he?"

"He wasn't required to, sir."

"Did you agree with his decisions?"

"It wasn't my duty to agree or disagree with the captain's decisions, sir. My duty was to implement his decisions."

"Even if they violated standing orders?"

"The decision on whether actions violate standing orders rests ultimately with the captain, sir."

"Then you're not willing to state that Captain Wakeman's decisions in that regard were wrong?"

"I did not have the responsibilities of command. It's impossible now for me to say that the individual carrying those responsibilities at the time of those decisions was mistaken."

Fowler leaned back, smiling crookedly. "Correct me if I'm wrong, Commander Herdez, but we could ask you variations on those questions from now until the sun burns out and you'd keep giving us the same sort of replies, wouldn't you?"

Herdez' reply was, to all appearances, totally serious. "Yes, sir."

Fowler looked around at the other members. "Anyone else want a crack at her? No? I don't blame you. That's all for us, then."

After Judge Holmes dismissed Herdez, Wilkes came forward once again. "The prosecution rests."

"Very well. Commander Garrity, do you wish to make any motions?"

"Yes, your honor. I would ask that the members of the court-martial be excused prior to making my motion."

"Granted. The members are excused." Admiral Fowler nodded in acknowledgement, stood, and led the four captains out the back door. "You may continue, Commander Garrity."

"The defense moves for a finding of not guilty as to all charges and specifications based on a failure of the prosecution to prove essential elements in every case."

"The motion is denied. The prosecution has provided sufficient basis for deliberation by the members of the court-martial as to guilt or innocence for each charge and specification. Does the defense have further motions?"

"No, your honor."

"This court-martial is closed. It will reconvene at ten hundred tomorrow morning in this same courtroom for the presentation of evidence by the defense."

Paul stood along with everyone else, abruptly aware of muscles stiff from being held tense while Herdez testified and was cross-examined. Tomorrow, he'd be up there on the witness stand, like a silhouette in a shooting gallery. Tonight, all he had to do was say goodbye to Jen. Variations on being alone against the world. I just have to make it through a few more days. Then it'll be bearable again. No sweat. Maybe if I repeat that enough I'll start believing it.