A Just Determination

Chapter Nine

When Paul got back to the ship, Carl and Jen were sitting in the ensign locker idly bantering back and forth during the brief period left before ship's work resumed after the break for lunch. Jen took one look at Paul, then glowered at him. "You did it, didn't you?"

"Yeah."

Carl looked from Paul to Jen. "Did what?"

"Something noble. And stupid. Right, Paul?"

Carl laughed. "Oh, man. Did you change your statement or something?"

"No." Paul sat down, avoiding looking at either of the others. "I just went to Lieutenant Commander Garrity, she's Wakeman's defense counsel, and got added as a witness for the defense."

"The defense? Of what Wakeman did?"

"No!" Paul almost yelled it, wondering why even he felt frustrated with himself. "Not of what he did. Of what he's charged with. Of why he did it. Of why we found ourselves in that position in the first place."

Carl glanced at Jen. "Did you understand that?"

"Not entirely. Paul, you did think this through, right?"

"Yeah. I thought it through."

"And you did it anyway? Why?"

"Because I don't want to spend the rest of my life avoiding mirrors."

Carl stared back, his puzzlement obvious, but Jen slowly nodded in understanding. "Mirrors can be real difficult. So did this Garrity tell you what Wakeman's defense is going to be?"

"No. I gather she doesn't have much to work with."

"Duh."

"I just talked to Garrity about what I'd seen, what our orders were like, that kind of stuff. She's going to work that into her defense."

"How?"

"I don't know. It's not my place to know."

"Then what is it you're going to say as a defense witness?"

"I'm not sure."

"Paul Sinclair, you are the most exasperating human being I have ever met! What is this going to do to your career?"

"I'm not sure of that, either."

"Shouldn't you be?"

He stared at the deck, then back up at Jen. "No. No, I shouldn't. Because if I didn't do anything that I thought might hurt my career, I'd be Sam Yarrow. I don't want to be Sam Yarrow."

Carl looked over at Jen. "He's got a point."

"Yeah. On his head." Jen stood up, eyeing Paul sourly. "What am I going to do with you? I've got some work that's going to keep me busy all afternoon. If you want to talk after that, look me up." She swung out through the hatch, the sounds of her movement through the passageway fading rapidly.

Carl scratched his head. "Well, Paul, I'm not sure I'd have done what you did, but it took some guts. Do you think it'll matter?"

"I have no idea. But I guess I finally decided that whether it mattered or not to everybody else, it did matter to me."

"Another good point. Tell that to Jen when you talk to her tonight."

"I'm not sure I should talk to her tonight."

"She wouldn't have offered if she didn't want you to."

"But Jen seemed real unhappy with me."

"Nah. She's just a little aggravated. If Jen had been real unhappy with you, she would have ripped off your arm and then used it to beat you senseless. Oh, by the way, Commander Garcia was looking for you."

"Great."

"Where are you going?"

"To find Jan Tweed."

Paul discovered that word of his action was quickly circulating through the ship. He could track its progress by seeing how other members of the crew looked at him. Their questioning expressions and the wave of whispered conversations following him through the ship began to irritate Paul more and more. He finally found Jan Tweed, in a hiding place he'd have never imagined without a hint dropped by Chief Imari, then hauled her to see Garcia so they could both be chewed out at some length for the cleanliness of the spaces assigned to their division and the general appearance of their enlisted personnel. But after Garcia had finished his tirade he gave Paul a version of the look and hesitated before dismissing them. "Is there something else, sir?" Paul asked. I've about had it. Go ahead with whatever you want to say.

Almost as if sensing Paul's defiance, Garcia eyed him for a long moment, then shook his head. "No. No, Sinclair. Don't embarrass me."

"Yes, sir." Garcia didn't ask me anything, but he sure commented on the answer I didn't give.

Jan Tweed stopped Paul before they separated. "What was that last thing about?"

"I guess you're probably the only one on the ship who hasn't heard. I've agreed to be a defense witness at Wakeman's court-martial."

Tweed seemed baffled. "Why?"

"Because I thought it was the right thing to do."

She stared at him a moment longer. "Why?"

"I thought Wakeman was being railroaded, and-"

"And whatever he gets, he deserves."

For the first time since he'd met her, Paul saw flat disapproval in Jan Tweed's eyes. "I want him to get what he deserves. I just don't want him to get more than that."

"Why not? It's the sort of thing he's been doing to us, isn't it? Doesn't Wakeman deserve the same sort of treatment he's given us?"

Paul looked away, unable to bear her anger. "I'm sorry, Jan. I know what guys like Wakeman have done. I just don't want to end up like them."

The silence following his last statement stretched so long that Paul looked back at her, finding Jan still watching him, her face working with emotion. "I didn't want to end up like this, Paul. Wakeman can go to hell. And if you help get him off you can go to hell, too."

"Jan, I don't want to help him get off scot-free. I want him called to account. There's no way anything I say can exonerate everything Wakeman did." Her face steadied, but remained unhappy. "Jan, you taught me a lot of good lessons. I mean it. I don't want you leaving the ship hating me."

"I don't hate you, Paul. I don't understand you. I'm worried that you're doing something that will let someone I do hate literally get away with murder. But what do you care what I think? I'm Jan Tweed, object lesson in failure for new officers."

"That's not true!" Paul shook his head, keeping his eyes fixed on hers even though she tried to evade them. "Jan, you taught me a lot of good lessons."

Her face softened, falling back into its familiar protective mask. "Thanks. But there's more to being a naval officer than that." Tweed's face closed down and her shoulders went into their defensive hunch as she turned away. "I don't hate you, but if you let Wakeman get off free you'll have hurt me."

"He won't get off free." Can I really promise that? It seems impossible, but what if he did? I don't want to be responsible for that. Paul watched Tweed leave. Is there any way I could have been true to myself without hurting Jan Tweed, who's already taken enough hurt? Should I have done what I thought was right even if I knew it would hurt Jan some more? Paul already knew the answer to the last question, but he didn't want to admit it to himself, not while he could still see Tweed making her dejected departure.

Commander Herdez faced the officers of the USS Michaelson, who stood in two ranks on the pier just outside the quarterdeck. "Some of you are designated as witnesses in the court-martial of Captain Wakeman which begins today. Those witnesses will be required to be present each day in the court-room and are therefore excused from regular duty during the court-martial in order to ensure their presence. Since the court-martial is a public proceeding the rest of you are free to attend as spectators on your non-duty days. I expect every one of you to comport yourselves at all times in such a manner as to reflect credit upon the USS Michaelson. Are there any questions?"

Everyone stood silent, their expressions fixed with professional lack of emotion.

"Very well. Dismissed. Duty officers return to the ship."

Herdez turned and began walking toward the location where the court-martial would be held, a courtroom near fleet staff headquarters. The straight ranks of officers dissolved, the department heads following individually in Herdez' wake, while the junior officers clustered into a few small groups to give their seniors time to get out of easy earshot. "I'm sorry I'm going to miss this," Kris Denaldo remarked. "But duty calls."

Paul shrugged. "You won't miss all that much today. A lot of what happens today should be boilerplate legal procedure, the sort of stuff they do in every trial."

"How do you know that?"

"It's in the Manual for Courts-Martial."

Jen speared Paul with an intent look. "Have you changed your mind?"

"About testifying for the defense? No, I haven't changed my mind."

"Not worried, huh?"

"Right, Jen. I'm not worried. I'm terrified."

"But you're doing it anyway, huh? Well, good luck."

Paul stared at her, surprised. "Really? I thought you thought I was an idiot for doing this."

"I changed my mind. Listen, I may have to bail out of the court-martial early today because of a test being run on some of my gear. Make sure you look me up when you get back to the ship."

"Sure."

They all followed after the senior officers, catching up with them outside the entrance to the court room. The separate groups of officers stood around awkwardly until the court's bailiff cracked the door. "You may all enter now. Witnesses should sit in the front row of seats. All spectators must be seated behind them."

Paul found himself suddenly worried that the front row would be so narrow that he'd find himself shoe-horned between Garcia and Herdez, but there were enough seats that everyone was able to sit at least one seat away from anyone else.

He glanced around the room, trying to calm himself. Relax. You aren't going to be doing anything for at least a day or two. They have to run through all the stuff they always do at the start of a court-martial, then the prosecution will call all its witnesses, and only then will I be called. No sense sitting on the edge of my seat the whole time.

Front and center in the courtroom sat the judge's bench, elevated above the rest of the tables and seats. Two doors in the back of the room presumably led to the judge's chambers and to the room where the members of the court would wait and relax. On one side of the room, angled to face the area just before the judge's bench, a long table draped with a Navy blue tablecloth and equipped with five chairs was obviously intended for the senior officers who would serve as the members of the court. Facing the judge's bench on either side were the two tables where the trial counsel and the defense counsel would be seated, as well as Captain Wakeman himself at the defense table. A few meters behind those tables the ranks of witness and spectator chairs began, an aisle up the center left clear.

Somewhere, invisible in the gray uniformity of the walls around him, fiber optic lenses allowed cameras to not only record the entire trial, but also provide a means for remote observers to monitor the court-martial as well. Carl says the SASAL observers weren't allowed in the court room because Admiral Fowler threatened to raise hell, so they ginned up the excuse that classified material might be discussed and made the SASALs watch from a remote site with a video feed that could be censored. Just as well. I sure don't want them in here making me feel even guiltier about what we did to that ship than I already am.

Paul twisted around to see the rest of the room, seeing the other junior officers seated several rows behind him against the back wall of the court room. Carl Meadows caught his eye, then he, Mike Bristol and Jen each raised a hand to wave at him while they grinned inanely like merry vacationers on tour. Paul grinned back, shaking his head. Thanks, guys. Glad to know you're with me, even though none of you seem to think I know what I'm doing.

The main entry door opened again. Commander Wilkes, the trial counsel, strode rapidly up the aisle and to his table. A few moments later, Lieutenant Commander Garrity entered, with Captain Wakeman following close behind her. The courtroom, already quiet, seemed to lose every trace of sound as Wakeman walked stolidly up the aisle, his face fixed in stubborn determination. With a gesture, Garrity invited Wakeman to sit at the defense table, then seated herself. Looking back, she saw Paul and nodded in recognition. Paul almost felt afraid to breathe, fearing the sound would somehow shatter the silence engulfing the court room.

The bailiff walked to the front center of the room near the judge's bench, the eyes of everyone in the room on him, and cleared his throat as if he needed to do so to attract attention. The sudden sound came as a relief, and Paul inhaled deeply. The bailiff scanned the room to ensure he had everyone's attention. "When the military judge enters, I will announce 'All rise,' and everyone is to rise. The military judge will instruct everyone to be seated. When the judge directs me to summon the members of the court, everyone should rise once again. The military judge will once again instruct when you are to be seated. Are there any questions?"

After waiting a moment, the bailiff went to the side entrance, cracked the door, and spoke briefly in a low voice, then came back to stand near the judge's bench, looking toward the side entrance. As the door swung open wider, the bailiff faced forward. "All rise."

Everyone in the room stood, waiting as Captain Holmes strode to her bench and sat down before looking around. "This Article 39 (A) session is called to order. You may be seated."

Commander Wilkes stood. "The court-martial is convened by general court-martial convening order 0312, Commander, United States Space Forces, copies of which have been furnished to the military judge, counsel, and the accused. The charges have been properly referred to the court-martial for trial and were served on the accused on 18 January 2099. The accused and the following persons detailed to the court-martial are present: Rear Admiral Fowler, Captain Nguyen, Captain Holmes, Captain Feres, Captain Valdez, Captain Bolton, Commander Wilkes, Lieutenant Commander Garrity."

"Very well. Bailiff, please ask the members of the court-martial to enter."

The bailiff went to another door, cracked it, nodded, then stood aside. "All rise."

Everyone stood again as Rear Admiral Fowler led the four captains into the courtroom and over to their table. Fowler took the center seat. Captain Nguyen and Captain Feres hesitated, the Nguyen sat to Fowler's right and Feres to his left. The supply Captain, Valdez, took the outside seat to the right and Captain Bolton, the intelligence officer, took the outside seat to the left. Admiral Fowler looked to both sides. "Everybody in the right seats by seniority? Good." He nodded to Judge Holmes.

"You may be seated," the judge advised everyone else in the courtroom. "Continue, trial counsel."

Wilkes faced partway between the judge's bench and the members' table. "I have been detailed to this court-martial by order of the fleet Judge Advocate General's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."

Lieutenant Commander Garrity stood. "I have been detailed to this court-martial by order of the fleet Judge Advocate General's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."

Captain Holmes nodded to both the lawyers, then looked toward Captain Wakeman. "Captain Peter Wakeman, you have the right to be represented in this court-martial by Lieutenant Commander Garrity, your detailed defense counsel, or you may be represented by military counsel of your selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have Lieutenant Commander Garrity, your detailed counsel, continue to help in your defense. Do you understand?"

Wakeman licked his lips before replying. "Yes. I understand."

"In addition, you have the right to be represented by civilian counsel, at no expense to the United States. Civilian counsel may represent you alone or along with your military counsel. Do you understand?"

"Yes."

"Do you have any questions about your right to counsel?"

"No."

"Who do you want to represent you?"

"Commander Garrity."

"Very well. Counsel for the parties have the necessary qualifications, and have been sworn. I have been detailed to this court by order of the Judge Advocate General's office of the Commander, United States Space Forces."

Wilkes walked forward a few paces, then pivoted to once more face both the judge and the members of the court-martial. "The general nature of the charges in this case allege negligent and reckless behavior on the part of Captain Wakeman which resulted in loss of innocent life. The charges were preferred by Commander, United States Naval Space Forces, and forwarded with recommendations as to disposition to Commander, United States Space Forces." He looked directly at the judge. "Your Honor, are you aware of any matter which may be a ground for challenge against you?"

"I am aware of none."

"The government has no challenge for cause against the military judge."

Garrity stood again. "The defense has no challenge for cause against the military judge."

The judge looked at Wakeman once more. "Captain Wakeman, do you understand that you have the right to be tried by a court-martial composed of members and that, if you are found guilty of any offense, those members would determine a sentence?"

"Yes."

"Do you also understand that you may request in writing or orally here in the court-martial trial before me alone, and that if I approve such a request, there will be no members and I alone will decide whether you are guilty and, if I find you guilty, determine a sentence?"

"Yes, I understand that."

"Have you discussed these choices with your counsel?"

"I have."

"By which type of court-martial do you choose to be tried?"

From where Paul was sitting, he couldn't tell if Wakeman had glanced over at the members before answering. "By members."

"Very well." The judge gestured to Wilkes. "The accused will now be arraigned."

Wilkes indicated the data link he held in one hand. "All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?"

Garrity didn't bother looking toward Wakeman before she replied. "The accused waives reading of the charges."

The judge nodded to Wilkes. "The reading may be omitted."

Wilkes nodded back. "The charges are signed by Commander, United States Naval Space Forces, a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces authorized to administer oaths, and are properly referred to this court-martial for trial by Commander, United States Space Forces, the convening authority."

Judge Holmes focused on the defense table again. "Captain Wakeman, how do you plead? Before receiving you pleas, I advise you that any motions to dismiss any charge or grant other relief should be made at this time."

Garrity stood more slowly this time. "Your Honor, the defense moves that all charges be dismissed as being at variance with naval custom and regulations requiring commanding officers to execute their orders to the best of their ability and guard their ships against harm."

"The motion is denied. It has already been noted that the charges were properly brought by Captain Wakeman's operational commanders. Do you have any further motions?"

"No. Captain Wakeman pleads not guilty to all charges and specifications."

"Very well. Will the prosecution make an opening statement?"

Commander Wilkes nodded again. "Yes. The prosecution intends to demonstrate that Captain Wakeman disregarded his orders to patrol a designated area of space claimed by the United States, that he conducted an unauthorized intercept in unclaimed space territory of a ship belonging to another nation, and that this intercept was conducted in a reckless, negligent and aggressive manner which culminated with Captain Wakeman ordering his ship to fire on an unarmed ship, resulting in the deaths of thirty-seven civilians and the effective destruction of the other ship. Captain Wakeman had numerous opportunities to follow other courses of action, but he rejected every chance to conform to his orders and standing instructions, and to defuse a situation which became deadly as a result of his own carelessness. As such, Captain Wakeman should be found guilty on all charges and specifications, for each charge and specification is based upon his decisions, his actions, and his failures to properly command his ship."

Wilkes returned to stand by his table while Judge Holmes looked toward Lieutenant Commander Garrity. "Will the defense make an opening statement?"

"Yes, Your Honor. The defense intends to prove that Captain Wakeman was indeed following his orders as reasonably interpreted by himself and other members of his crew. Further, the defense contends that Captain Wakeman's encounter with the civilian ship of the South Asian Alliance was marked not by recklessness or carelessness, but by a compounding series of events which left Captain Wakeman perceiving only one course of action to ensure the safety of his own ship. As such, the defense intends to demonstrate that Captain Wakeman should be found not guilty on all charges and specifications."

Garrity sat again. Judge Holmes looked around the court, her gaze lingering on the officers from the Michaelson, then settling on Commander Wilkes. "Proceed."

"Thank you. The United States calls as its first witness Commander Allan Garcia."

Garcia stood and marched to the witness stand. He'd obviously made an effort to look immaculate, but the extra pounds of weight around his waist spoiled the effect somewhat. Wilkes came to stand before him. "Do you swear that the evidence you give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, so help you God?"

"I do."

"Are you Commander Allan Garcia, United States Navy, Operations Department Head on the USS Michaelson?"

"I am."

"Do you know the accused?"

"Yes. Captain Wakeman has been my commanding officer for the past year."

"Now, Commander Garcia, as Operations Department head, were you familiar with the orders issued to the USS Michaelson during the ship's last patrol?"

"Yes. Intimately familiar. That's part of my job."

"In general terms, what did those orders require of the USS Michaelson?"

"Well, in general, we were required to patrol through the American zone and challenge any third-party shipping which entered the zone without requesting and receiving permission."

"Did the orders indicate you should leave this patrol area at any time?"

"Not explicitly, no."

"When the USS Michaelson moved to intercept the vessel henceforth to be referred to as the SASAL ship, and the SASAL ship responded to this challenge by fleeing the area, did you regard your orders as having been satisfied?"

"Yes, I did. That's what they said. Challenge anyone entering the zone without permission, and that's what we did."

"But Captain Wakeman ordered the Michaelson to pursue the SASAL ship. Did he consult with you regarding this decision?"

"No."

"Did he seek your advice, as the department head responsible for operational matters?"

"No."

"After sustaining his pursuit for sometime, Captain Wakeman brought the Michaelson close to the SASAL ship. Would you describe, in your own words, what happened?"

"Well, I was in Combat. The Combat Information Center, that is. Because we were at general quarters. Captain Wakeman tried to tell the SASAL ship to heave to so we could board it for inspection, but they didn't respond."

"Do you believe your orders authorized him to make this demand of the SASAL ship once it had left the American zone?"

"No. There wasn't anything in there about that."

"How did Captain Wakeman attempt to communicate his demands to the SASAL ship?"

"We tried a lot of ways. Radio first, of course, then visual signaling, and finally some particle beam taps on the SASAL's hull."

"Did the SASAL ship respond to any of these attempts to communicate?"

"No. Not a word."

"Commander Garcia, if you encounter another ship in international space which refuses to respond to your communications, what is standing policy for dealing with that situation?"

"Well, you make sure he's not in distress, and if he's not then there's not much you can do."

"What did Captain Wakeman do?"

"He ordered us to fire a warning shot across the SASAL ship's bow."

"A warning shot? Had he determined whether or not the SASAL ship was in distress?"

"Uh… no. We didn't take any steps to do that."

"So Captain Wakeman ordered you to use force in an attempt to compel the SASAL ship to comply with his instructions?"

"Yes."

"And what happened after you fired that shot across the bow?"

"The SASAL ship maneuvered. He turned his bow toward us and lit off his main drive so his course intersected ours."

"Intersected? You mean there was a risk of collision at that point?"

"Yes."

"And you recommended to Captain Wakeman that he maneuver the Michaelson to open the distance with the SASAL ship, didn't you?"

"Yes. More than once. That's standard procedure."

"And did Captain Wakeman do that? Did he follow standard procedure?"

"No. We maintained course and speed the entire time."

"And while the SASAL ship continued to close on the Michaelson as Captain Wakeman took no corrective action, what action did Captain Wakeman order?"

"He ordered us to lock weapons onto the SASAL ship, and about two minutes before the SASAL ship reached its closest point of approach he ordered us to fire on it."

Wilkes leaned forward, looking at Garcia intently, then faced the members of the court-martial as if addressing them instead of Garcia. "So, Captain Wakeman brought his ship close to the SASAL ship by leaving his ordered patrol area. Once close to that ship, he ordered it to comply with his instructions even though it had no legal obligation to do so. When it refused to respond to his commands, he ordered a shot fired near it, and when it reacted by turning to close on his ship Captain Wakeman ignored repeated advice to maneuver his own ship and instead ordered you to fire on the other ship. Is that correct, Commander Garcia?"

"Yes. That pretty much sums it up."

"Once the Michaelson had caught up with the wreck, which was all that remained of the SASAL ship, and sent boarding parties over to examine the SASAL ship, what did those boarding parties find?"

"Uh, nothing."

"Nothing?"

"Nothing out of the ordinary, I mean. I commanded the second boarding party. There wasn't anything on the SASAL ship that shouldn't have been there."

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

"No. They didn't have suits on, they didn't have interior airtight partitions sealed, nothing like that."

"Then the SASAL ship was unarmed and unprepared for any kind of combat when Captain Wakeman ordered that it be destroyed using the full firepower available to the USS Michaelson?"

"That's correct."

"No further questions."

Judge Holmes gestured to Garrity. "You may cross-examine."

Garcia sat stolidly while Wilkes returned to the prosecution's table and Lieutenant Commander Garrity came to the witness stand. "Commander Garcia, when Captain Wakeman ordered his ship to pursue the SASAL ship, did you advise him you believed this to be contrary to your orders?"

"Captain Wakeman had read the orders, just like me. He knew what they said."

"So you didn't say anything to him? You didn't indicate any belief that Captain Wakeman's actions might not be justified by your orders?"

Garcia bared his teeth in a humorless smile. "Captain Wakeman didn't take kindly to unsolicited advice. If he wanted your opinion, he'd ask you. If not, you were supposed to keep your mouth shut."

"Then you regarded it as your duty to keep Captain Wakeman happy instead of well-supported?"

Wilkes was on his feet before the question ended. "Objection. The question disparages the witness."

"I withdraw the question," Garrity stated, apparently oblivious to Garcia's reddening complexion. "Commander Garcia, during the actual intercept of the SASAL ship, what were your recommendations regarding communicating with the other vessel?"

"I beg your pardon?"

"You said attempts to communicate with the SASAL ship failed. What alternatives did you suggest?"

"I… that wasn't my responsibility."

"Did you suggest Captain Wakeman ensure the SASAL ship was not in distress?"

"I didn't have to. Captain Wakeman knows standard procedures as well as I do."

"So you simply assumed Captain Wakeman was aware of alternatives instead of advising him?"

"When the SASAL ship turned toward us, I advised Captain Wakeman to maneuver the Michaelson. I did that more than once!"

"Oh, yes." Garrity walked a few steps away from Garcia, then turned to face him again. "When the SASAL ship turned toward you. At what point did you first advise Captain Wakeman that the SASAL ship might be on a firing run?"

"I… I didn't…"

"Didn't you specifically state that the SASAL ship's course would place it in what you referred to as a 'perfect firing position'?"

"I may have. That's all theoretical. You have to look at all possible alternatives. I didn't say the SASAL should was going to fire on us."

"Didn't a subsequent recommendation to maneuver from you make reference to confusing the SASAL ship's firing solution?"

"Possibly. That's, again, a possible alternative. I didn't say that was what was happening. I said we needed to maneuver, and that was one possible reason."

"When Captain Wakeman asked you if the SASAL ship was armed, what did you reply?"

"I said we had no information to that effect."

"Didn't you actually say you could not confirm the SASAL ship was unarmed? Isn't that the same as telling Captain Wakeman the SASAL ship could have been armed?"

Garcia was reddening even more, just as Paul had seen him do so many times when his temper flared at his subordinates. "No. Different emphasis."

"Didn't you tell Captain Wakeman that the SASAL ship was on what you called a 'perfect firing approach'?"

"I may have. That's meaningless unless the ship is armed to fire upon you. And I didn't tell Captain Wakeman that the SASAL ship was armed."

Garrity shook her head. "No. You told him you couldn't confirm it was unarmed. What about the transients your watch standers reported and which you passed on to Captain Wakeman?"

"What about them? You pick up transients all the time. A lot of it's just noise from our own gear because the stuff's so sensitive."

"But you reported those transients to Captain Wakeman. According to the ship's log, you stated those transients could represent detection of charges leaking from shielded weapons. Isn't that correct?"

"Yes. Of course. It was my job to report that. And when Commander Herdez, she's the Michaelson 's executive officer, asked if they were definitely from weapons, I said no."

"Then, if I may summarize, during the approach of the SASAL ship, you made repeated references to firing runs and firing solutions, told Captain Wakeman you could not confirm the other ship was not armed, and reported the detection of what you said could be indications of weaponry being charged. Commander Garcia, what conclusions did you expect Captain Wakeman to draw from all that information?"

"It's not my job to second-guess what the Captain will do with the information I give him."

"Would you agree that the information you provided would have led a reasonable person to conclude that the Michaelson was in imminent danger of being fired upon?"

"Objection." Wilkes waved toward Garcia. "The question requires that the witness speculate as to the state of mind of another person."

"I will rephrase the question. Commander Garcia, if you had received the information you in fact provided to Captain Wakeman, would you have concluded that the Michaelson was in imminent danger of being fired upon?"

Garcia stared back at Garrity, his face redder yet, his lower lip and jaw thrust forward. "No. I would have factored that information in with everything else."

Garrity met Garcia's gaze calmly, then turned away. "No further questions."

Judge Holmes looked toward Wilkes. "Does trial counsel wish to redirect?"

"I do. Thank you." Wilkes came forward again, smiling encouragingly at Garcia, who responded by visibly relaxing a bit. "Commander Garcia, how did Captain Wakeman respond to your reports on the SASAL ship? Did he ask for further information or assessments from you?"

"Uh, no. No. Captain Wakeman didn't."

"Did Captain Wakeman ever ask you for your assessment as to whether the SASAL ship was actually on a firing run or actually preparing to fire?"

"No. No, he didn't."

"Then he reached his own conclusions. The decision to fire, the assessment that the SASAL ship was a threat to the Michaelson, came entirely from Captain Wakeman?"

"Yes. That's right."

"No further questions."

"Commander Garrity?"

"No further questions."

The judge turned toward the members. "Admiral Fowler, do you or any of the other members have any questions for Commander Garcia?"

Fowler rubbed his chin with one hand. "I'm a little curious on one point, Commander Garcia. When you were talking about the Michaelson 's orders you said it wasn't your job to offer unsolicited advice to Captain Wakeman. Right? But you advised the captain to maneuver the ship. You did that repeatedly, you said. Wasn't that unsolicited advice?"

Garcia hesitated. "No, Admiral. Sir, when we were talking about the orders I was talking about being the Operations head and offering advice on general operations, and then when we were encountering the SASAL ship we were at general quarters and I was in charge of CIC. So that was different, sir."

"How?"

"Well, it was a specific situation, sir."

Fowler glanced at the other members. "Anyone else? Captain Feres?"

"Yes, please, Admiral. I have one question. Commander Garcia, wasn't all that talk about firing runs and positions also a form of unsolicited advice? Wasn't that intended to convey something to Captain Wakeman?"

"Sir, like I said before, I had to let Captain Wakeman know possible alternatives. I wouldn't have been doing my job if I hadn't told him these things were possible."

"But you yourself never believed the SASAL ship was on a firing run?"

"No, sir."

"Why didn't you convey that belief to Captain Wakeman?"

Garcia hesitated again, this time longer. "I… suppose… there wasn't sufficient time before Captain Wakeman reached his own determination."

Captain Feres tilted his head slightly, regarding Commander Garcia for several seconds in silence before speaking again. "Thank you, Commander."

Paul glanced over at Lieutenant Sindh. I wonder if she's remembering the way Garcia kept harping on firing runs and positions? He sure didn't sound so certain there wasn't any threat back then. But Feres certainly made Garcia look bad with that last question. Or I guess Garcia made himself look bad, and Feres just pointed that out.

Fowler looked around again. "I guess that's it. No more questions from the members at this time."

"At this time? Very well." Judge Holmes focused on the witness stand. "Commander Garcia, you are temporarily excused. Please ensure you are present for the remainder of this court-martial in the event you need to be called again. As long as this trial continues, do not discuss your testimony or knowledge of the case with anyone except counsel. If anyone else tries to talk to you about the case, stop them and report the matter to one of the counsels."

Garcia stood stiffly, marching down to the back of the court room once again, his eyes scanning the rest of the audience in a challenging way as he went past each row of seats. Paul watched Garcia out of the corner of his eyes. You certainly scored some hits on Wakeman, but I think you took some damage yourself, Commander Garcia.