Against All Enemies

Chapter Eleven

The prosecution turned out to have only one more witness, a pert, young-looking woman named Dr. Vasquez who proved to have an almost disturbing amount of knowledge about falsifying and tampering with station access passes.

Commander Carr held up a card which Paul easily recognized as a station access pass. "Does the witness recognize this?"

The witness blinked. "It's a station access pass."

Carr stepped closer, holding the pass close to the witness. "Can you identify which particular pass this is?"

After peering at it closely, the witness nodded. "That's a pass I examined at the request of NCIS."

"What was the result of your examination?"

"The pass had been tampered with. Very nice work, using some techniques I've seen mainly in foreign intelligence services and some components of foreign origin."

Carr held the pass higher, turning to look at the members' table. "This pass was found in the possession of Lieutenant Pullman when he was arrested. Dr. Vasquez, what was the result of the tampering to which this pass was subjected?"

Vasquez smiled brightly as she recalled her examination of the pass. "It was very nice work, as I said. Didn't I? As you know, a pass reports the presence of a specific individual and in particular reports when that individual has entered certain areas of the station. Well, this pass didn't do that."

"It didn't function?"

"No, no, no! It functioned. It has to function. If station biometrics detect a human presence without a pass they'll sound an alert and locate the person. They can that do that, you know. They have to for life support and station stability compensation and things of that nature. Heat emissions, carbon dioxide emissions, oxygen usage, those things and others reveal when a human is present. A person without a pass creates a sort of bubble in which no one appears to exist even though station systems can track a living presence. It instantly alerts the system that someone is wandering around without their pass. This tampered pass instead generated a series of false identities on request. The default was a sort of generic Joe Station Worker whose presence wouldn't seem unusual at any place in the station."

"The tampered pass allowed the bearer to remain undetected, then?"

"No." Dr. Vasquez seemed puzzled by having to elaborate. "Not undetected. Unremarked is a better word. A person will be detected on the station whether they have a pass or not. I just said that, didn't I? The tampered pass created identities which no one would notice. In the sense that they wouldn't care. Think of it as camouflage, allowing the bearer to blend in so that the automated systems and any human observing the read-outs would pay no attention to the person with the pass because that person would seem totally unremarkable."

"I see." Commander Carr turned the pass in her hand, looking down at it. "So the bearer of this pass could go anywhere on the station without sounding any alerts?"

"Yes. Because it also generates false security codes as needed. I don't know where they got the codes- No, wait, of course I know where they got the codes. They got them from the person they gave the pass to, didn't they?"

Carr smiled tightly and nodded. "That's correct, Doctor. Station security codes are among the documents on the list of classified materials provided to the South Asian Alliance. Then you believe this pass had to have been tampered with by someone with access to the actual codes?"

"Yes, yes. No other explanation. No one could've guessed those codes. Once they had the codes they could program that pass to allow their agent to access even more areas and more secrets."

"Objection." David Sinclair pointed at the pass. "The witness is speculating."

"No, Your Honor," Carr replied. "The witness is using her expert opinion to explain the tampering done to this pass."

"She has no way of knowing-"

The rap of Judge Campbell's gavel cut off the debate. "I'd like to say something. Dr. Vasquez, do your regard your most recent statements as speculation or as technical explanations?"

Vasquez blinked again. "Technical explanations. It's the only way it could've been done."

"But, Your Honor," David Sinclair protested, "the witness is speculating as to the motivations and plan of action of foreign entities. There's no way she could know that information."

Campbell frowned at him, then at the witness. "Objection overruled. The court believes the witness' statements do not address issues outside her expertise." David Sinclair sat down, shaking his head. "Is Defense Counsel commenting non-verbally on the quality of the court's ruling?" Judge Campbell asked.

David Sinclair stopped moving his head. "No, Your Honor."

"Good. I'd hate to have to cite a lawyer for contempt. Continue, Trial Counsel."

Commander Carr held up the pass again, refocusing everyone's attention on the object. "Then, to summarize, this pass created false identities to disguise the movements around the station of whoever carried it, and contained security access codes for every area of the station?"

"Yes," Dr. Vasquez agreed. "Whoever carried that pass could go unnoticed anywhere on the station."

"And leave no record of their access to areas of the station?"

"Uh, not quite. They'd leave a record. A false one. It wouldn't be them, it'd be a record that a Joe Generic Station Worker had been there. Next time he went to the same area, the pass might indicate it was another Joe Generic Station Worker."

Carr nodded, her face grim. "And you have no doubt that these modifications must have been done by foreign intelligence sources?"

"No question. I recognized the techniques used. They're a variation of some spoofing technology our own intelligence agencies developed." Dr. Vasquez suddenly looked perturbed. "I don't think I was supposed to say that."

Judge Campbell nodded. "I feel fairly certain you weren't. The courtroom is ordered to disregard the witnesses's last statement. Bailiff, check with the fleet security manager on whether or not we need to provide a classified information nondisclosure statement for everyone in this room to sign. No one is to leave the courtroom until we've received an answer to that." She looked back at the witness. "Please continue and please avoid doing that again."

"Yes," Dr. Vasquez replied, nodding rapidly. "I'll try."

Commander Carr once again tried to gain attention, this time by walking right up to the edge of the witness stand. "Dr. Vasquez, who was this station security pass issued to?"

"Oh, that's easy. Lieutenant junior grade Bradley Pullman, United States Navy, when he arrived on station to report to his ship."

"Thank you, Doctor. No more questions."

David Sinclair stayed seated, staring at the top of the defense table. Paul watched him, wondering what his brother was thinking. He can't ask his usual questions about whether something can be tied to Pullman. That's Pullman's pass. Is there anything he can say that doesn't just emphasize the trial counsel's points?

Finally, David Sinclair shook his head. "Defense Counsel has no questions for the witness."

Commander Sriracha looked around, then spoke to Dr. Vasquez. "Doctor, don't ship's systems also read those access passes?"

Dr. Vasquez gave more vigorous nods. "Yes. Same system, smaller scale."

"Then this pass would've also let Lieut- excuse me, whoever carried it to move unobtrusively around their own ship as well?"

"In theory," Dr. Vasquez concurred.

The other members frowned at the answer, though Lieutenant Mahris' frown was slightly time-delayed by his need to ensure Captain Nguyen was frowning first. Paul knew what they were thinking as surely as if he could read their minds. Someone sneaking around a ship. Deceiving their shipmates. Not about some minor criminal stuff but about stealing secrets. That just feels so wrong.

Commander Sriracha blew out a heavy breath. "Thank you, Doctor."

There was a brief delay then, with everyone waiting until the bailiff returned with a data pad containing a classified information nondisclosure statement that everyone had to sign. Paul signed as well, even though he was already sworn never to reveal classified information. And "never" meant exactly that. It was a source of some amusement to him that the nondisclosure agreements had been open-ended since some time in the late twentieth century. Death didn't release someone of their obligation. Neither, presumably, would the death of the universe. A billion years from now Paul would still legally be bound by the agreements he'd signed. Not that he imagined he'd be worried about that by then.

"The prosecution rests," Commander Carr announced after Dr. Vasquez had finally left the courtroom.

"Very well. Does Defense Counsel wish to make any motions at this time?"

David Sinclair stood. "Defense Counsel wishes to move that evidence in this trial based upon classified sources inaccessible to Lieutenant Pullman's defense be ruled inadmissible and the charges based upon that evidence by dismissed."

Judge Campbell, hand in chin once again, shook her head. "Persistence is only a virtue the first few times it doesn't change outcomes, Defense Counsel. Motion denied. The court's ruling on the evidence will not change."

"Yes, Your Honor. The defense has no other motions."

"Is the defense prepared to begin the presentation of evidence?"

"Yes, Your Honor."

"Then begin."

David Sinclair looked toward the back of the courtroom. Paul looked as well, seeing a portable display screen being brought in by court workers. He'd never seen remote testimony before, though he'd expected to see it in this case. The cost and time commitment required to bring a defense witness up to station made it likely Pullman's defense would make use of witnesses testifying over live communications links to Earth. "The defense calls as its first witness Dr. Steven Laskey."

There was a pause as the display was positioned at the witness stand and activated. Dr. Laskey was seated in what must be his office on Earth. Paul wondered if the view from the window in the background, blue sky and white clouds, was real or just a projection.

David Sinclair stood before the display, knowing his own image was being transmitted back to a display before the witness. "Dr. Laskey, can you state your qualifications?"

"Certainly." Laskey was a large, broad man with a bluff manner. "I'm a retired U.S. intelligence operative. I spent thirty years working covert operations, either in the field or behind a desk."

"What do you do now?"

"I devote a lot of time to consulting on the subject of covert intelligence operations. I don't disclose secrets, but I do help those trying to portray covert ops to present a realistic picture of what it's like."

"Are you familiar with the evidence against Lieutenant Pullman?"

"Yes. What's been shown me."

"What's been shown you?" David Sinclair inquired.

"I have no way of knowing what's been kept from you, me and the court."

"Objection." Commander Carr was on her feet very quickly. "The witness is speculating without foundation."

"Objection sustained," Judge Campbell replied immediately, cutting off David Sinclair. "Defense Counsel and witness are reminded to confine testimony to matters of fact."

David Sinclair looked only mildly contrite. "Yes, Your Honor. Dr. Laskey, are you familiar with the existence of software such as described in the evidence against Lieutenant Pullman?"

Laskey, apparently unabashed by the judge's rebuke, nodded. "Oh, sure."

"What can you tell us about that software?"

"Well…" Laskey shifted position, his expression thoughtful. "The description in the evidence is mostly right as to what it can do, but as to where you can get it, that stuff can be found in a lot of places."

"A lot of places? Not just in the hands of foreign intelligence agencies?"

"Hell, no. Name me a college and give me half an hour and I'll provide you with a list as long as your arm of kids with that software who're using it to steal entertainment files or to try to mess with their grades on the campus mainframe. I understand why no one wants to advertise that this software exists, but the fact is it does exist and anyone who wants it can find it without looking too awful hard."

Paul looked toward Commander Carr, but she was just listening without betraying any emotion.

David Sinclair turned slightly, so he was facing the members' table. "Anyone can get it?" he asked the witness.

"Sure. That's what I said."

"Would you regard the possession of such software as proof on involvement in espionage?"

"No."

David Sinclair let the single word answer hang for a moment before speaking again. "What about the material regarding dead-drops?"

Laskey shrugged. "It's a nice set of plans. But it's the same sort of thing you find in role-playing games these days."

"Role-playing games?"

"Yes. You know, where people pretend they're a spy or exploring some dungeon full of monsters or whatever. I've consulted on some role-playing games and there's easily a half dozen on the market right now that contain dead-drop planning just like what's in your evidence there. Four of those games include mission planning builders that could've been used to generate exactly what was found on those coins being used as evidence."

"A game? You're saying that games are on the market which contain the same sort of dead-drop instructions as have been entered into evidence against Lieutenant Pullman?"

"Yup."

"That could've been used to create the dead-drop instructions alleged to have been in various locations which are alleged to be tied to Lieutenant Pullman?"

"Yes, sir."

"How could you, as an extremely experienced covert operative, tell the difference between real documents describing real dead-drops to be used in real spying or espionage, and something generated as part of a role-playing game?"

"I can't. I don't think anyone can."

"But," David Sinclair stated, "the plans in evidence do contain real locations on this station."

"Sure they do. That's how people build their missions in the games, by using real world places and things. It's what the instructions recommend. It gives the players a kick to be playing spy in their own town or office complex or whatever. Go to one of the gaming conventions and you'll find people selling spy mission packages they made in their hometown."

"This physical evidence, then, these data coins with software and instructions for spying, are substantially identical to what any role-playing game devotee would have in their possession?"

Laskey nodded several times slowly. "If anything, I've seen plenty of game missions that're more complex than that stuff."

"Would you regard possession of those coins and the material on them as evidence that someone was engaged in actual espionage activities?"

"That stuff? No. If you did, the FBI would have to haul in tens of thousands of gamers."

"Do these gamers sometimes go overboard? Get so wrapped up in their game that they make use of props which are too realistic?"

"Oh, yeah. That happens. I could tell you stories."

"Are you aware of the circumstances surrounding Lieutenant Pullman's arrest, Dr. Laskey?"

"Yes. In my opinion, based on a lot experience with actually carrying out this stuff, if there was espionage involved there then someone was doing a lousy job of tradecraft."

"Tradecraft?" David Sinclair asked.

"Yes." Laskey shifted position again and grinned broadly. "That's short-hand for how to do spy-stuff right. False identifies, for example. We call it tradecraft."

"But you said Lieutenant Pullman's arrest didn't indicate that he knew good tradecraft?"

"Not if was walking off his ship with classified material on him without ensuring there wasn't anyone waiting to nab him. Careless is the best word you could use."

"Then you wouldn't interpret the circumstances of Lieutenant Pullman's arrest as indicating he was a trained espionage agent?"

"No." Laskey grinned again. "Not unless he flunked his training."

"Thank you, Dr. Laskey. No further questions at this time."

Commander Carr walked briskly toward the witness stand and faced Dr. Laskey's image. Laskey smiled confidently at her as Carr began speaking. "Dr. Laskey, let's review some of your testimony. You said software similar to that found on Lieutenant Pullman can be found from many sources?"

"That's right."

"Can that software carry out any legal functions?"

"Uh…" Laskey frowned. "No. If it carried out legal operations, people could just buy it."

"Then possession of the software constitutes evidence that someone wishes to carry out illegal operations? In other words, that the possessor has criminal intent?"

Laskey frowned again, his expression shifting as he clearly reevaluated the threat posed by Commander Carr. "I can't say that."

"But you can say the software has no legal function and anyone who wants that software could only use it for illegal activities."

"If they used it, yes," Laskey agreed reluctantly.

"And it has been previously established that the software was used during the downloading of classified material onboard USS Michaelson, Dr. Laskey. Now, these props you spoke of gamers making. How many of them are functional?"

"I beg your pardon?"

"How many of these gaming props can actually function as sophisticated espionage tools?"

Laskey rubbed his chin, thinking. "I can't think of many, but it depends what you mean by sophisticated. You'd be amazed what kids can do."

"By sophisticated I mean a station pass modified to display all area security clearances and false identities."

"Yeah. That's sophisticated. No. I don't know any gamer who's done that kind of thing. If they do, they keep it quiet."

"Because it's illegal?"

"That sort of thing is, yes."

"Only authorized employees of the U.S. government are allowed to possess such devices?"

"If they're functional, yes."

"And the pass in Lieutenant Pullman's possession was fully functional, wasn't it?"

"I haven't seen it myself."

"Do you have reason to disagree with the testimony of the government's expert witness?"

"No. None that I know of."

Commander Carr nodded, her eyes still fixed on Dr. Laskey, who was watching her closely. "Now, as to your comments regarding the arrest of Lieutenant Pullman. Dr. Laskey, the basic idea behind tradecraft is to successfully accomplish missions and avoid either detection or capture, correct?"

"Yes. That's a good summation."

"Yet agents do get caught. Can you summarize the reasons for that when it happens?"

Laskey sat back, rubbing his chin again. "Ah, let's see. Bad luck. Sometimes there's no other word for it than that. Unexpected developments. Something no one foresaw that kills the mission. Sloppy execution. Somebody gets careless. Betrayal. Sometimes a combination of those things."

Carr took another step closer to the witness stand. "Then you say that sometimes covert agents are captured because they become sloppy? Careless? Over-confident?"

"Objection," David Sinclair declared. "Trial Counsel is leading the witness and putting words in his mouth."

Carr held up one hand. "I will restate the question. You are saying then, Dr. Laskey, that covert agents have been known to be sloppy in their tradecraft, so sloppy it results in their capture."

"Yes. Sometimes."

"Then would it be fair to say that failure to execute tradecraft correctly is one of the causes of mission failure for covert operatives?"

"That's another way of saying it, yes."

"And you testified that Lieutenant Pullman did a sloppy job of executing tradecraft."

Laskey regarded Carr for a long moment, then nodded. "Yes, I did."

"Meaning this case would not fall outside of the situations you know of in which covert operations failed."

"Not in the broad sense, no. I won't say the exact circumstances necessarily match."

"Dr. Laskey, you testified about gamers who go to great lengths to pretend at being spies, to role-play as spies. If someone uses real espionage methods, real espionage tools, and is caught with classified material, would you describe them as pretending to be engaged in espionage, or actually engaging in espionage?"

Another pause, then Laskey shrugged. "If it quacks like a duck…"

"Please, Dr. Laskey, could you state your reply clearly for the record?"

"Yes. That is, I'd call that someone committing real espionage, or else so reality challenged they can't tell the difference between gaming and real life any more. That happens sometimes."

"Thank you, Dr. Laskey. No more questions."

"Does Defense Counsel wishes to redirect?"

David Sinclair, sitting at the defense table and looking straight ahead, shook his head at the judge's question. The members exchanged looks, but none of them had questions, either. Watching them, Paul couldn't help feeling that they hadn't been impressed by the witness. It wasn't that Laskey didn't obviously know what he was talking about, but rather that his points hadn't held up under Carr's cross-examination.

David Sinclair waited as the judge thanked Dr. Laskey, and as the display was turned off and removed from the courtroom, before speaking again. "The defense calls as its next witness Lieutenant Paul Sinclair."

Paul jerked his head around and stared toward David, who gazed back impassively. Commander Carr was giving Paul a surprised look, but reading his own reaction just tilted her head toward the witness stand.

He stood up and marched to the stand, feeling a slow burn of anger building. David had ambushed him, made him a defense witness with no notice. Would it have killed David to give Paul a heads-up?

Of course, David had to have seen how Commander Carr was consulting Paul at times. Maybe the ambush wasn't all that unreasonable.

Paul sat and was sworn in by the bailiff, then tried not to stare around the courtroom. The last time I was up on the witness stand was during Captain Wakeman's court-martial. That seems so long ago. At least then I knew it was going to happen and what I was supposed to be testifying about. His eyes, wandering across the courtroom despite his best efforts, focused on a man and woman sitting near the back among the observers. His mother and father, who'd managed to pull enough strings using their old Navy connections to come up in time for the hastily rescheduled wedding. They must've arrived this morning and come to the court as the surest way to meet up with their sons. Hi, Mom and Dad! You've arrived on-station in time to watch one of your sons examining your other son on a witness stand in court.

As David approached the witness stand again, Paul made a point of catching his eye and then looking pointedly toward their parents. David followed the gesture so smoothly it probably wasn't apparent to other watchers, then locked eyes with Paul again and quirked a smile so fast it too was probably lost on anyone else watching.

"Are you Lieutenant Paul Sinclair, currently assigned to duty on the USS Michaelson?"

"I am."

"Do you know the defendant?"

Paul finally looked over toward Brad Pullman. "Yes."

"What has been the nature of your relationship to the defendant?"

Paul took a deep breath before answering, giving himself time to order his thoughts. "I knew Lieutenant Pullman in passing at the Academy. We were classmates and had a few classes together. The next time I saw him was when he reported onboard the Michaelson for duty."

"How close was your relationship on the ship?"

"We were roommates," Paul noted. "We didn't stand any watches together. We ate a number of meals together on the junior officer meal shift. We attended some training sessions together."

"Would you say you knew Brad Pullman as well as anybody else on the ship did, if not better than anyone else did?"

Paul thought about that, then nodded. "Probably. Yes."

"Did you have conversations? About work and about your personal lives?"

"Yes. Sure." Paul couldn't help remembering the conversation when he'd worn the NCIS wire and hoped that didn't show on his face.

"Did you share confidences?"

"Some, I guess. No deep, dark secrets."

"Do you regard yourself as Lieutenant Pullman's friend?"

Paul gazed at his brother's face. David was looking back with a dispassionate expression, giving no clue as to what answer he wanted. Not that it mattered, because Paul only had one answer he could honestly give. "I think we were friendly, but he wasn't onboard the ship that long and we didn't really have time to become friends as I'd define the term."

If he was disappointed by that answer, David gave no sign. "Then you wouldn't consider yourself a partisan for Lieutenant Pullman?"

It hurt to say it, in a way, because Pullman had been a shipmate. "No. I mean, I want him to get a fair shake. Just like anyone else."

David pointed at Pullman. "Prior to Lieutenant Pullman's arrest, did you ever have cause to suspect him of wrongdoing?"

That was a tough one. Paul had known of the NCIS evidence, which had led him to suspect Pullman. Sort of. He'd really been sure it'd been Commander Moraine, though. So what was the right, true answer? "No. I personally did not suspect him of wrongdoing."

"Did you ever feel you had cause to doubt his trustworthiness?"

"No."

"Did you ever entrust Lieutenant Pullman with any special obligation, any special responsibility, freely and without worry that he'd fail to meet that responsibility?"

"Do you mean like turning over the watch to him? I did that, yes. He relieved me a few times as Junior Officer of the Deck. I relieved him of the same watch quite a few times."

"Without any qualms?"

"Right."

David looked over at the members, then back at Paul. "During your last period of time together while the ship was out of port, a tragedy occurred. You observed South Asian Alliance ships bombarding an illegal civilian settlement of an asteroid. Did you have any opportunity to observe Lieutenant Pullman during that event?"

Paul thought hard, but nowhere in his memory of the event was any sign of Brad Pullman. "No. I don't remember seeing or hearing from him during the incident."

"Did you see him afterwards?"

"Of course."

"Did you talk about the incident with him?"

"Yes. We all talked about it. One on one and in groups. It was all we could think about."

David nodded slowly. "Did Lieutenant Pullman show any signs of unusual remorse during those conversations?"

"I'm sorry. Unusual? We were all upset."

"As if he carried some burden of guilt."

Paul paused to think again. "No. I can't say I ever noticed that." Out of the corner of his eye, he could see Brad Pullman at the defense table, a thin but firm and still-confident smile visible on his face. I still haven't noticed that.

"He didn't act any differently than the rest of you?"

"No. Not that I remember."

"Do you think you'd have remembered if he had?"

Paul looked over at Pullman again. "Yes. I'm sure it would've stood out in my mind."

David began walking back and forth before the witness stand. "Then the officer who knew Lieutenant Pullman best on his ship didn't notice anything amiss with Lieutenant Pullman at any time. He didn't feel any lack of trust or any concerns regarding Lieutenant Pullman. He didn't notice any reactions of Lieutenant Pullman's which differed from those of the other officers on the ship. Is that right, Lieutenant Sinclair?"

Paul nodded. "That's fair to say."

"What was your reaction when Lieutenant Pullman was arrested?"

"Shock. Disbelief."

David came closer, looking directly into Paul's eyes. "You didn't have any premonition? Any ideas based on your own knowledge and perceptions that Lieutenant Pullman might be engaged in such serious and dangerous activity?"

Another tough one. "I'd been advised of NCIS's concerns that someone on the ship might be committing espionage."

David showed a flash of surprise in his eyes, but nowhere else. "Did you believe Lieutenant Pullman was the source of NCIS's concerns?"

"No. I honestly didn't." Paul didn't look at Commander Carr. Even if she was disappointed in his answer, he wasn't going to lie about it or try to shade the truth.

David held up his hand and began ticking off points on his fingers. "You, Lieutenant Pullman's peer, roommate and fellow worker, saw no suspicious or untoward behavior. You saw no cause to doubt his trustworthiness. You did not believe Lieutenant Pullman constituted a threat. You were, in your own words, shocked by his arrest." Then he paused and look at Paul.

Paul nodded again. "That's right."

"No more questions at this time."

Commander Carr came toward the witness stand. Watching her approach, Paul felt nervous. He'd seen Carr stroll up to a witness stand in just that fashion a score of times, then demolish the witness and shred his or her testimony. He wondered if this was what a wildebeest felt like when it saw a lioness approaching.

"Lieutenant Sinclair, do you have any reason to doubt the manner in which the NCIS investigation was conducted on your ship?"

"I don't know of any, ma'am."

"Do you know of any reason that it might have failed to identify the right source of the espionage on your ship?"

"I don't know of any specific reason."

"You testified that you knew Lieutenant Pullman as well as any officer on the ship. Just how well was that?"

"As I said, ma'am. We'd known each other in passing at the Academy. We'd just started getting to know each other on the ship."

"You weren't friends."

"No, ma'am." Paul knew Pullman was watching him, but he wasn't going to deny that truth.

"Do you believe you know him well?"

Paul inhaled deeply to calm himself, trying to think. "No."

"Not like a brother?"

Paul glanced at Carr sharply, but she betrayed no sign that the question was a dig at the fact the defense counsel was Paul's brother. "No. No, ma'am."

"Did you share personal secrets with Lieutenant Pullman?"

"No, ma'am."

"No band-of-brothers bonding?"

"No. He hadn't been on the ship long enough."

"Did you bond with other officers on the ship in that fashion?"

"Yes, ma'am."

"One? Two?"

"Uh…" Carl Meadows, Kris Denaldo, Jen before they'd become more than friends, Mike Bristol, Commander Sykes, Lieutenant Sindh. Paul's eyes strayed toward Lieutenant Kilgary at the members' table. "At least seven, ma'am."

"Do you believe you know Lieutenant Pullman well?"

"No, ma'am."

"Did you believe you knew him well prior to his arrest?"

"No." He looked over at Brad Pullman. "No, not really, ma'am."

"Thank you, Lieutenant Sinclair. No more questions."

David Sinclair stood. "Defense Counsel will redirect. Lieutenant Sinclair, prior to Lieutenant Pullman's arrest would you have gone into battle with him?"

That really wasn't too hard to answer. "Yes."

"Willingly? With no qualms about having Lieutenant Pullman by your side in the face of the enemy?"

Paul stared downward, trying to remember for certain, but knowing that if he'd felt differently he'd surely remember that. "Yes."

"Then wouldn't you say you knew Lieutenant Pullman well enough to trust him by your side in the most extreme circumstances?"

"Yes, I guess you could say that."

"Were there other officers on the ship you trusted less? Officers you'd have wanted by your side in combat less than Lieutenant Pullman?"

He hated to state it publicly, but it was true. He had no idea how Lieutenant Isakov would react in combat, he thought Commander Moraine was a flake and he thought Randy Diego simply never learned nearly enough from his mistakes. Fortunately, he didn't have to name anyone to answer the question. "Yes."

"Yes, you'd rather face combat with Lieutenant Pullman by your side than with some of the other officers on your ship?"

Damn. He didn't want to malign the wardroom of his ship, most of whom were fine officers. But he was under oath. Lying wasn't an option. "Yes. Just a couple." And please don't ask me to name them.

"Thank you. No further questions."

Captain Nguyen regarded Paul thoughtfully. "Lieutenant Sinclair, why are you a witness for the defense?"

"I don't know, ma'am."

"You didn't volunteer this time?"

"No, ma'am." So Captain Nguyen did remember Paul from Captain Wakeman's court-martial. He'd wondered about that.

"Would you have volunteered if you'd known some information you thought could help Lieutenant Pullman's defense?"

Paul hesitated. "Yes, ma'am."

"But you know of nothing? No flaws in the NCIS investigation? No errors in the handling of evidence? Nothing?"

"No, ma'am."

He saw the look on her face and realized he'd just inadvertently confirmed Pullman's guilt in Captain Nguyen's eyes. My damned reputation. Nguyen knows I'd speak up if I knew anything or even felt Pullman was being wronged. But I can't find any basis for saying something like that. God knows I've tried to think of anything like that.

Commander Sriracha had something of the same look on his face that Captain Nguyen did. "Lieutenant Sinclair, correct me if I'm wrong, but do you make a presumption of competence with every new officer?"

"Excuse me, sir?"

"When a new officer comes aboard, do you give him or her the benefit of the doubt? That they're capable enough and intelligent enough and steadfast enough?"

Paul considered the question for a moment. "Yes, sir, I do. I assume that because they're officers they've proven some abilities. That's just a baseline. Once I get to know them I evaluate them on personal knowledge."

"Do you think that's what you did with Lieutenant Pullman? Give him the benefit of the doubt since you didn't know him all that well?"

Paul looked at Commander Sriracha, then nodded. "Yes, sir. I believe I did." Another nail in Pullman's coffin, perhaps.

Lieutenant Kilgary spoke next. "Lieutenant Sinclair, you testified that you'd have preferred to go into combat alongside Lieutenant Pullman over a couple of other officers in the wardroom of your ship. For the record, do you have any qualms about facing combat with your fellow officers on the USS Michaelson?"

"Do you mean qualms in terms of trusting them and counting on them? Not the wardroom as a whole, no. No qualms at all. Not the enlisted onboard, either. When shots were being fired by warships at that asteroid I was frankly worried about the prospect of combat, but I was glad to know who was with me on the Michaelson if it came to combat." Even Garcia, who was always mad but knew his job. Even Commander Kwan, the XO, who doesn't like me but knows his job.

"Thank you, Lieutenant Sinclair."

Paul almost thanked her back. If he knew anything, he knew Colleen Kilgary had deliberately given him a chance to publicly praise a wardroom of other officers that he might otherwise have been accused of maligning.

"No more questions for this witness, Your Honor."

Judge Campbell dismissed him, and Paul walked back to his chair and sat down, not willing to look over at Brad Pullman again.

David Sinclair stood slowly, leaning for a moment on the defense table before straightening. "The defense rests."

A murmur ran through the courtroom despite the quick rap of Judge Campbell's gavel. Paul stared at his brother. That was it? Me and that former covert agent? Those were your only witnesses? I thought you were a really good lawyer.

Judge Campbell glared around the courtroom until it was as quiet as a roomful of humans could manage. "Does the defendant desire to make a statement?"

Pullman started to rise but David Sinclair held out a hand to forestall him. "Your Honor, Defense Counsel requests a brief recess so that I can confer with my client."

"Very well. How brief?"

"Ten minutes, Your Honor."

"This court is closed. It will reopen in ten minutes' time." Judge Campbell banged her gavel, the bailiff ordered all rise, and the judge and members filed out.

The masters-at-arms came forward to escort Lieutenant Pullman from the courtroom, both David Sinclair and Lieutenant Owings following right behind. Paul watched them go, trying to read the expression on his brother's face.

The moment Lieutenant Pullman and his lawyers were outside the door the room erupted into conversation. Paul turned to Commander Carr. "Ma'am? Do you have any idea why my brother didn't do a better job?"

She gave him an arch look. "Paul, your brother's done the best anyone could do. This isn't a case built on opinions or circumstantial evidence. We've got hard evidence to back up every charge. Your brother's done his best to try to chip away at that evidence by raising doubts in the few ways he could do so. But he can't make the evidence go away. Though he did try even that where he thought there might be a chance."

"You think he's done a good job. Really."

"The best he could," Carr repeated. "Usually, espionage cases are resolved with plea agreements because they always include strong evidence. If they're good cases. Sometimes somebody gets accused of spying or espionage on the basis of flimsy evidence and those cases usually fall apart before the trial stage. But this isn't like that. I never thought we'd get to this point in this trial."

Paul shook his head. "Why doesn't Pullman look worried?"

"You tell me. You know him better than any other officer on your ship does," Carr stated dryly.

He could almost laugh at the reference to his testimony. But not quite. "Do you know why my brother sandbagged me by calling me as witness?"

"You could ask him that yourself, but my opinion is that he didn't sandbag you. Which available character reference did your brother know best? You. Who could he trust to be even-handed and not assume guilt? You. Don't look at me like that. You've got a record, Paul Sinclair. If I'd been in your brother's place I'd have called you as a witness, too."

"But I didn't help Pullman. I might've ensured his conviction."

Commander Carr sighed. "You spotted the members' reactions, eh? Putting you up there was a gamble by the defense. You might well have presented such a strong characterization of Pullman that it would've swayed some of the members. I know that's a weak reed, but I can't imagine what else the defense could do. Good for me, but I prefer a solid fight to a one-sided battle like this." Carr looked past Paul. "Friends of yours?"

He turned and saw his parents. "My mother and father."

"Ah, the Sinclair family reunion proceeds apace."

Paul pretended not to hear her. "Commander Carr, this is Commander Sinclair and… Commander Sinclair."

His mother shook her head. "Retired, both of us."

Commander Carr grinned. "You left the Navy in the hands of your son? He seems to be taking the responsibility seriously." Her smile faded. "I hope you can forgive me for trying to send your future daughter-in-law to prison."

"From what I hear you did your best to make amends when you learned of evidence of her innocence," Paul's mother replied. "I know enough about the legal system to know that's not a given with prosecutors."

"Sadly, no."

"Will you be able to attend the wedding? We're going to be a little short of guests thanks to a sudden change in schedule."

Carr gave Paul a look. "I don't think that'd be wise. There's still hard feelings toward me from the bride. I don't blame her in the least, but I don't think she needs me there to remind her of the past on her wedding day."

Paul nodded. "Commander Carr's right."

"But I hope to see your entire family outside a courtroom someday," Carr added, then she hastily checked the time. "I'd recommend returning to your seats. When Judge Campbell says ten minutes, she means ten minutes and not a second longer."

Lieutenant Pullman was already being escorted back into the courtroom by the masters-at-arms. Precisely ten minutes after the bailiff had called everyone to attention, she ordered them all to rise again. Judge Campbell settled herself, the members took their seats, then the judge eyed David Sinclair. "I'll ask again. Does the defendant desire to make a statement?"

David Sinclair stood and nodded, his face composed. "He does."

The judge gestured to Pullman. "Stand up." As soon as Pullman had come to attention, Judge Campbell began reciting the required instruction. "Lieutenant Pullman, you have the right to make a statement. Included in your right to present evidence are the rights you have to testify under oath, to make an unsworn statement, or to remain silent. If you testify, you may be cross-examined by the Trial Counsel or questioned by me and the members. If you decide to make an unsworn statement you may not be cross-examined by Trial Counsel or questioned by me or the members. You may make an unsworn statement orally or in writing, personally, or through your counsel, or you may use a combination of these ways. If you decide to exercise your right to remain silent, that cannot be held against you in any way. Do you understand your rights?"

Lieutenant Pullman stood up and nodded gravely, though his expression remained quietly confident. "Yes, Your Honor."

"Which of these rights do you want to exercise?"

"To make an unsworn statement, in writing, Your Honor."

"Do you wish the statement to be entered into the record, or read?"

"Read, Your Honor."

"By you or your counsel?"

"My counsel, Your Honor."

"Very well. Does Defense Counsel have the defendant's statement?"

David Sinclair nodded. "I do, Your Honor."

"Then proceed with the reading whenever you're ready."

"Thank you, Your Honor." David Sinclair looked down at his data pad and began reading in a voice that didn't seem loud but carried clearly through the courtroom. He didn't put obvious emotion into his reading, but still managed to convey feeling. Paul couldn't help being impressed by the presentation, and realized Pullman had wisely chosen to have his statement read by a professional orator to make it sound better.

"Statement of Lieutenant Bradley Pullman, United States Navy."

"I am a military officer. I have already dedicated years of my life to the service of my country, and I hope to dedicate many more years to such service. I have agreed to place my life on the line in the service of my country. I have labored under harsh and demanding conditions in the service of my country. Now I am accused of committing crimes against that country."

"No one should believe these charges. I may have erred in various ways, through carelessness or over-eagerness or perhaps excessive dedication to getting the job done. Those are the sort of 'crimes' all junior officers commit at one time or another. They lead to mistakes, they lead to errors, but such mistakes and errors come from a desire to get the job done."

"I should have told my shipmates I enjoyed building complex role-playing scenarios. It's easy to understand how such scenarios could be confused with real mischief. But my failure to tell them that doesn't mean it isn't true."

"Many people supplement their incomes or just enjoy the thrill of wagering on professional sports. They can't openly acknowledge the source of such money, but that doesn't mean they acquire it from foreign powers."

"I ask you to accept my plea of not guilty to all charges and specifications. I do not believe the government has proven these charges. I do not believe the government has given you grounds to believe them when more plausible explanations exist. I do not believe my past service to my country will be ignored and that I will be cast aside in this fashion."

"Very Respectfully, Bradley Pullman, Lieutenant, United States Navy."

David Sinclair sat down, leaving a period of silence in his wake. Paul assumed everyone else was doing what he was, trying to work their way through Pullman's statement for what it said and didn't say. He had to admit that David's reading of the statement had given it much more power than if an untrained speaker had recited the document. But Paul was still puzzling over the statement when Judge Campbell pointed her gavel at Commander Carr. "Is Trial Counsel prepared for closing argument?"

Carr stood. "I am, your honor."

"Then let's get on with it."

Commander Carr paced slowly forward, her steps deliberate, the slow steadiness of her motions drawing attention to her. "Captain Nguyen. Members of the court. This is a simple case." She turned, raised and extended her arm, and then pointed at Lieutenant Pullman with the same slow deliberation. "Lieutenant Pullman was caught off of his ship with two data coins in his possession. The coins were carefully concealed on Lieutenant Pullman's person. One held illegal software whose sole purpose is to bypass security safeguards. The other held classified information downloaded without authorization that day from the systems on Lieutenant Pullman's ship. There's nothing inadvertent or careless about that. It can only reflect deliberate and carefully carried out actions. Actions which violate regulations known to Lieutenant Pullman."

"Actions which may well have led to the deaths of civilians. Because other documents stolen from Lieutenant Pullman's ship are known to have been delivered to a foreign power. Documents which gave that foreign power inside knowledge. Knowledge which that foreign power may well have used to plan a massacre."

Carr's arm held steady, her forefinger still pointing at Pullman. "Lieutenant Pullman's possessions are known to have contained concealed instructions for committing espionage. The defense tried to explain such instructions in terms of games. This was not a game. There is nothing in that material which indicates it is anything other than actual instructions for successfully delivering stolen classified material to a foreign power."

"Lieutenant Pullman had in his possession a station pass which had been altered in a very sophisticated fashion. Even the defense's own witness had to concede that this was a real tool of espionage, not a prop for someone playing at espionage."

Paul was torn between staring at Pullman, whose face reflected quiet determination and who was occasionally shaking his head as Carr spoke, and staring at Carr's arm, which remained extended and leveled at Pullman like a rifle. The arm wasn't even quivering despite being held in that position for so long, making her gesture seem all the more powerful.

Commander Carr kept speaking. "Lieutenant Pullman has money whose source he can't explain. Money hidden in accounts under false names with the help of the finest money laundering schemes known to the underground financial community. Where did Lieutenant Pullman learn such skills, and why did he go to such lengths to hide that money, and why has the defense not presented proof that it came from illegal betting on professional sports?"

"Lieutenant Pullman cannot deny he was caught with the tools of espionage and the fruits of espionage. The evidence is overwhelming and undeniable. Lieutenant Pullman, for reasons still known only to himself, chose to betray his uniform, his shipmates, and his country. He sold the secrets of our country, even those protecting his own shipmates, for money. There aren't words strong enough to describe the depth of his betrayal or the damage his actions have done to his country. He should be convicted on all charges and all specifications so his cancerous presence can be eliminated from the proud ranks of the United States Navy."

Carr finally lowered her arm, still moving it slowly and steadily. Only when it had dropped all the way down did Commander Carr finally walk back to the trial counsel table and sit down.

Judge Campbell moved her gavel to point it at the defense table. "Is Defense Counsel prepared to present closing argument?"

"Yes, Your Honor." Paul had forgotten to look over at David to see how he'd reacted to Carr's speech, but now David Sinclair looked somber. He stood next to the defense table, not moving, but speaking in that same compelling voice he'd used to read Pullman's statement. "May it please the court, the defense holds that the government's evidence is not conclusive. There are other explanations for why Lieutenant Pullman had those materials. There are other explanations for how classified material came to be in the hands of a foreign entity. In some cases, no incontrovertible proof exists that the evidence belonged to Lieutenant Pullman. In other cases, others had access to the same material."

"It is not enough that the evidence could be read to indicate that Lieutenant Pullman could be guilty. No. For Lieutenant Pullman isn't just anyone accused of a crime. He is a man who has given service to his country, who has worn the same uniform as you, who has declared by his words and actions a willingness to lay down his life for his country. How can you convict such a man because he could be guilty? Doesn't his service require, doesn't his service demand, a higher level of certainty than that?"

"I know the demands which military service places upon a man or woman and a family. My own parents are retired officers. The military should be demanding, for its responsibilities are great, but it must not be blind to the possibility of human error, of mistakes of judgment which do not rise to the level of criminal action.

"The defense has offered alternative explanations for the evidence against Lieutenant Pullman. Lieutenant Pullman, a man trusted by his shipmates with their lives and entrusted by the U.S. Navy with the gravest of responsibilities on a warship, has declared himself innocent of these charges. I ask you to judge him based upon his own words and based upon your common bond. Lieutenant Pullman is one of you. His declaration of innocence is made to his fellow officers. Lieutenant Pullman should be found innocent as to all charges and specifications."

David Sinclair sat down in the silence which followed the end of his speech.

Paul, who'd watched his brother while he talked, finally looked over at the members. If he could read faces and postures at all, he saw doom for Lieutenant Pullman there. Nice speech, David. Maybe, as Commander Carr says, the best you could do under the circumstances. Paul studied Brad Pullman, who still seemed as calmly confident as if he were assuming the watch on the bridge of the Michaelson. I've been waiting for the other shoe to drop in Brad Pullman's defense, waiting for whatever was giving Pullman that confidence, but I still haven't seen or heard it and now the case is going to the members. What's going on?

Judge Campbell's gavel moved again, coming to rest pointed at the members' table this time. "Captain Nguyen, the members may begin their deliberations. The court-martial is closed, and will reconvene tomorrow morning at ten hundred in this courtroom."

"All rise!"

Paul lost sight of Pullman as everyone stood for the judge and the members to leave, then got only a brief glimpse of Pullman's back as he was led out of the courtroom and back to the brig by the masters-at-arms. Commander Carr stayed standing, looking down at her table and idly tapping her data pad with one finger. "Ma'am?" She looked up and over at Paul in response. "How did you do that thing with your arm?"

Commander Carr looked briefly amused. "Pull-ups and push-ups and weight training."

"That was a very good speech, ma'am."

"Thank you." Something seemed to be bothering her, though Paul couldn't tell what. Then Commander Carr looked up again, toward the defense table.

Paul automatically looked that way himself. David was standing as well and looking straight at them. No. Not at them. At Commander Carr. Their eyes had met and some sort of unspoken message was being exchanged.

Carr made a warding gesture toward Paul. "I'm sorry. I need to take care of something." She hesitated. "Will I be able to contact you later if I need to?"

"Yes, ma'am. Just put a call through my data pad. That's always on. It's required."

"Good. Perhaps I'll talk to you later, then."

Recognizing the dismissal, Paul started walking out of the courtroom. At the entrance, he looked back. David Sinclair and Commander Carr had met about midway between their desks and were speaking to each other, Lieutenant Owings standing slightly to the side and listening to both. What the hell's going on?