Burden of Proof

Chapter Ten

Petty Officer Kulwari, looking slightly uncomfortable in what appeared to be a new uniform, came down the aisle, her eyes fixed on the witness stand. Commander Carr stood before Kulwari, her posture now more relaxed, her expression encouraging. "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, ma'am."

"Are you Petty Officer First Class Alysha Kulwari, United States Navy, assigned to the engineering department on the USS Michaelson?"

"Yes, ma'am."

"Do you know the accused?"

"Yes, ma'am. Lieutenant Silver's my — excuse me, Lieutenant Silver was my division officer for about a month."

"In other words, you worked directly for Lieutenant Silver during that period. Is that correct?"

"Uh, well, ma'am, orders would usually come through Chief Asher, but Lieutenant Silver gave him those orders, yes, ma'am."

Commander Carr crossed her arms, her eyes still on Petty Officer Kulwari. "What can you tell us regarding the power transfer junction in Forward Engineering on the USS Michaelson during the period when Lieutenant Silver was serving as your division officer?"

Kulwari's eyes flicked around the room, avoiding resting on Scott Silver as they did so. "Ma'am, about a week after Lieutenant Silver took over from Lieutenant Kilgary the junction controller started going bad."

"It started going bad. The controller didn't just fail?"

"No, ma'am. They don't do that. You see them start to go bad and they get worse and worse until they crap out. I'm sorry, ma'am, until they fail."

"How long does it take them to fail?"

"Usually two to three weeks. You can nurse them along and compensate for the problems for that long, but after that they're too bad to use anymore."

"The controller is a critical part of the power transfer junction?"

"Yes, ma'am. That junction won't work without it."

"What happens if the junction doesn't work?"

Petty Officer Kulwari bit her lip as she formulated her reply. "The ship can operate on the other power transfer junction in After Engineering, but she can't do everything. There are a lot of limitations."

"Do you carry a spare controller onboard?"

"Sometimes, ma'am."

"Sometimes?"

"Ma'am, I don't know why, but there's not enough spares of that controller to go around, so they get reserved for ships that are going out on long missions. If a ship's operating in the local area, we never carry a spare because we can get home in time if one starts to go bad."

Commander Carr walked back and forth slowly in front of the witness stand. "To summarize, then, the controller in the power transfer junction in Forward Engineering started to fail about one week after Lieutenant Silver took over as your division officer. You had about two to three weeks before the controller would totally fail, and when it did fail the ship's ability to operate would be severely curtailed. Is that correct?"

Petty Officer Kulwari nodded. "Yes, ma'am."

"To your certain knowledge, was Lieutenant Silver informed of the impending failure of the controller?"

"I'm sorry, ma'am. My…?"

"Your certain knowledge. Did you see or hear Lieutenant Silver being informed of the impending failure?"

"Oh, yes, ma'am. I was standing in Forward Engineering maybe a couple meters from Chief Asher when he was talking to Lieutenant Silver about it."

"What did Chief Asher say to Lieutenant Silver?"

"I didn't catch every word, ma'am, but he was saying we needed to get a spare installed."

"And what did Lieutenant Silver say in reply?"

"Uh, something like 'I'm on it, Chief.' Something like that."

"You're certain? Lieutenant Silver discussed the impending failure of the controller with Chief Asher in your hearing, and assured Chief Asher the issue was being addressed?"

"Uh, yes, ma'am."

"Did the controller eventually fail?"

"Yes, ma'am, it did."

"When?"

"Friday, uh, 18 September. About noon, I guess. I came back from lunch and Petty Officer Lai told me the controller had gone belly-up, and everything was being routed through the power junction in After Engineering. Chief Asher told us he was going to talk to Lieutenant Silver about it."

"Lieutenant Silver wasn't present? Even though a critical piece of equipment he was responsible for had failed?"

"No, ma'am."

"Did Lieutenant Silver come to Forward Engineering at all that afternoon?"

"No, ma'am, not that I saw and not that anybody else told me. But that wasn't unusual."

"It wasn't? The ship's main propulsion assistant not visiting Forward Engineering wasn't unusual?"

"Not with Lieutenant Silver, ma'am. We never saw him much."

"You never saw him much?" Commander Carr paused to let the statement sink in. "Then what happened?"

"We worked on other stuff, ma'am. There wasn't anything we could do about the controller until we got the spare, and it didn't show. When knock-off ship's work was announced I called Chief Asher and asked what we should do about the power junction and he told me Lieutenant Silver was working on it, and we shouldn't bother hanging around."

"How did Chief Asher sound when he told you that?"

"He was real unhappy with somebody, ma'am."

"Are you certain of that?"

Petty Officer Kulwari couldn't suppress a quick smile. "Ma'am, I've been around Chief Asher when he was real unhappy with someone, and believe me, you don't forget what he sounds like." The smile vanished. "Uh, sounded like, I guess I oughta say."

Commander Carr nodded sympathetically. "What time was knock-off ship's work that afternoon?"

"It's almost always 1700 in port. Sometimes 1730 or 1800 if there's an extra lot to do."

"Petty Officer Kulwari, how would the controller be replaced? How many personnel does it require?"

"At least two, ma'am. Two specialists, that is. They gotta know that gear. There's some kinda safety interlocks to keep the junction from overloading and blowing while the controllers are being swapped out."

"Could one person do the job?"

"If'n they were crazy, ma'am. They'd have to shut off the interlocks and then work real fast and if nothing made the junction overload without the controller in, they could do it. You'd have to be real good and a bit lucky."

"So it's not impossible for one person to do it, but it's very unwise."

"Yes, ma'am. I wouldn't do it."

"What if you were ordered to do it, Petty Officer Kulwari?"

As Kulwari hesitated, Commander Jones rose. "Objection. The trial counsel is asking the witness to speculate as to what she would've done if faced with a hypothetical situation."

Commander Carr faced Judge Halstead. "Your Honor, Petty Officer Kulwari is an experienced, highly trained specialist. Her answer will shed light on the reaction of such a person to an order of that nature."

Halstead shook his head. "Sorry, Counsel. No matter what the witness's qualifications might be, unless you're willing to argue she did receive such an order, then her response will not be germane. Objection sustained."

If the setback fazed her, Commander Carr gave no indication of it. "Petty Officer Kulwari, how long did you serve with Chief Petty Officer Asher?"

Kulwari furrowed her brow in thought. "About a year and a half, ma'am."

"In all that time, did you ever witness Chief Asher bypassing or circumventing safety procedures?"

"No, ma'am. He always told us to go by the book on that."

"Would you say, from your experience with Chief Asher, that for him to have worked on repairing that junction single-handedly would be out-of-character?"

"Yes, ma'am. He didn't do that."

Commander Carr turned, walked a couple of steps, then faced the witness again. "Tell me what happened the Monday after the accident in Forward Engineering. Lieutenant Silver spoke to all of you, didn't he?"

"Yes, ma'am, he did." Petty Officer Kulwari's eyes shifted toward the defense table, where Scott Silver was watching her intently, then back to Commander Carr.

"What did he tell you, Petty Officer Kulwari?"

"I don't remember all the words exactly, ma'am, but he told us how terrible it was that Chief Asher had died, and how it'd be a lot more terrible if anybody thought he'd died doing something wrong, because then his wife and family wouldn't get any benefits."

Carr came closer to the witness. "And what message did you and the other personnel in the division derive from that?"

"Derive, ma'am?"

"What did you all decide based upon what Lieutenant Silver told you?"

"That, uh…" Petty Officer Kulwari looked around again, her nervousness visible also in hands that kept twisting around each other. "That we shouldn't tell anybody what Chief Asher had been doing."

"What do you mean, Petty Officer Kulwari? What did you all believe Chief Asher had been doing?"

"We knew, or figured we knew, that he had to've been replacing that controller and that'd been what made the power junction blow. And doing that alone meant he'd broken some regulations."

"And Lieutenant Silver led you to believe that if Chief Asher had broken any regulations, Chief Asher's family would receive no death benefits from the Navy?"

"Objection!" Commander Jones waved toward Kulwari. "Trial counsel is leading the witness and attempting to cast her own individual interpretation of Lieutenant Silver's words as both reasonable and unmistakable. Neither position is supported by the testimony of a single witness."

Commander Carr held her data pad aloft. "As defense counsel is aware, I have sworn statements signed by every enlisted member of Lieutenant Silver's division attesting that they reached the same conclusion based upon Lieutenant Silver's words. I'd like to have all those statements entered into the record at this time."

Halstead curved his lips in a momentary, tight-lipped smile. "Objection overruled. All the statements are hereby ordered to be entered into the record. Continue, Commander Carr."

"Thank you, Your Honor. I'll restate the question for the witness. Petty Officer Kulwari, you've stated all the enlisted personnel in Lieutenant Silver's division assumed Chief Asher had been working on the power transfer junction. None of you disclosed that information, or even the status of the power transfer junction prior to the accident. Why was that?"

Kulwari bit her lip again and looked down. "We didn't want Chief Asher or his family to get into no trouble."

"Because of what you had all been told by Lieutenant Silver?"

Still looking down, Kulwari replied in a strained voice. "Yes, ma'am."

"Thank you, Petty Officer Kulwari. No further questions."

Judge Halstead nodded toward the defense table. "You may cross-examine."

Lieutenant Commander Jones walked slowly toward the witness stand, his face skeptical. "Petty Officer Kulwari, you claim you heard Lieutenant Silver and Chief Asher discussing the problem with the controller. Yet you also said you didn't catch every word. How can you be sure of what you did hear?"

"Sir, I heard enough to be sure of that."

"Could they have just been generally discussing the controller?"

"Sir, they were talking about the controller going bad."

"Are you certain the discussion wasn't theoretical? That Lieutenant Silver might have been asking his Chief about that piece of equipment and trying to learn about it?"

Petty Officer Kulwari looked taken aback. "Sir, that part was going bad."

"But are you absolutely certain Chief Asher was telling Lieutenant Silver that? Can you swear the discussion was about what was wrong, or about what might go wrong?"

"Um, well, sir, I thought — "

"I'm not asking for your interpretation, Petty Officer Kulwari. I want to know what you heard. Are you certain?"

"Well, sir…"

"Isn't it possible that Chief Asher never told Lieutenant Silver what was actually wrong with that power transfer junction?"

"Sir, that may be possible, but — "

"Thank you, Petty Officer Kulwari. Now, as to Lieutenant Silver's presence in Forward Engineering. That's a pretty big compartment, isn't it?"

"For a ship, yes, sir."

"It contains a lot of equipment, too. Is there any point within that compartment from which you can see everyone who's in there?"

Petty Officer Kulwari twisted her face as she thought. "I don't think so, sir."

"So someone could be in that compartment and you wouldn't know it."

"Uh, yes, sir."

"At any point, did Chief Asher tell you he had orders to replace that controller single-handedly?"

"No, sir, but — "

"This meeting the day after the accident. Can you tell us exactly what it was Lieutenant Silver said to you?"

"Exactly, sir? No, sir."

"Lieutenant Silver expressed concern for Chief Asher's family?"

"Yes, sir, he did."

"Do you find anything inappropriate about that?"

"Uh, no, sir."

"At that meeting, did Lieutenant Silver tell the personnel in your division to lie to the investigators? Did he order anyone to hold back information from the investigators?"

"Not like that, no, sir."

"Not like what, Petty Officer Kulwari? Did or did not Lieutenant Silver order the enlisted personnel in his division to lie to the investigators?"

Kulwari looked around desperately. "N-no, sir. He didn't order us to do that."

"No further questions."

Judge Halstead watched Commander Jones walk back to the defense table, then looked toward Commander Carr. "Does trial counsel wish to redirect?"

"Yes, Your Honor." Commander Carr stood before Petty Officer Kulwari again, smiling once more. "You had something to add when you answered the question about whether or not Chief Asher could have failed to inform Lieutenant Silver about the true state of the controller. Would you care to say that now?"

"Yes, ma'am." Kulwari glanced defiantly toward Commander Jones. "I've no doubt Chief Asher told him it was really broken. Why else would the lieutenant have said he was working on it?"

"That's a good question, Petty Officer Kulwari. Now, I understand Forward Engineering is a big compartment with a lot of equipment. But if someone were walking through that compartment, would you miss seeing them?"

"If they were moving around? No, ma'am. I couldn't miss them."

"In your last conversation with Chief Asher, on Friday afternoon, you said he indicated the spare part hadn't been located?"

"Yes, ma'am. That's why he told us to knock off work."

"Would Chief Asher have told you to knock off work and go on liberty if he either had the spare or expected to see it soon?"

"No, ma'am, no way."

"So obviously he couldn't have received orders to install a spare he didn't have at that time, correct?"

"Uh, that's right, ma'am. If he'd had it, he would've held us until we got it switched out."

"Petty Officer Kulwari, how long have you been in the Navy?"

"About ten years, ma'am."

"Then you have a lot of experience listening to officers, don't you?"

"Oh, yes, ma'am." A brief chuckle ran around the court room until it was silenced by a hard look from Judge Halstead.

"How many times do officers say 'I order you' to do a task?"

"Not very often, ma'am. Usually, they just say to do it, and you know it's an order."

"Based upon your experience, did you interpret what Lieutenant Silver told his division the day after the accident as an instruction?"

"I… Yes, ma'am. I guess I did. It sure felt like it."

"No further questions."

Halstead nodded. "How about you, Commander Jones?"

"No further questions."

"Captain Mashiko, do you or any of the other members have any questions for the witness?"

Mashiko looked at his fellow officers before replying. "Petty Officer Kulwari, you said you didn't see Lieutenant Silver very often in Forward Engineering. During the month he served as main propulsion assistant, how many times do you recall seeing him there?"

Kulwari paused, her face reflecting concentration. "Just a couple of times, sir."

"A couple? One? Two?"

"Two or three, sir. Three maximum for sure."

"What about Lieutenant Silver's predecessor in the job?"

"Lieutenant Kilgary, sir? She was down there just about every day when she was main propulsion assistant."

Commander Herdez spoke next. "Petty Officer Kulwari, how often did you speak with Lieutenant Silver?"

"Me, ma'am? Uh, a couple times, I guess."

"A couple of times. About what? Did he ask about your equipment?"

"No, ma'am. Lieutenant Silver just sorta said 'hi, howya doing,' and then moved on."

"He never asked you any questions about your job or the equipment in Forward Engineering?"

"No, ma'am. I'd've remembered that, ma'am."

"Thank you, Petty Officer Kulwari. I have no more questions."

Lieutenant Commander Bryko held up some fingers for attention. "Petty Officer Kulwari, you say the division personnel knew the power transfer junction was broken, and that you needed that part to be working for the ship to get underway on Monday. Did you voluntarily stay aboard the ship over the weekend to ensure that task was done?"

"Sir, it wouldn't have mattered if I did. I'm not checked out on that gear. There's about a half-dozen people in the division qualified to do that. Of them, only Chief Asher had duty on Saturday."

"Did any of them speak to you about volunteering?"

"We talked a bit about it, sir."

"But none of you did?"

"No, sir."

"Why not?"

Petty Officer Kulwari shook her head, looking down again. "I wish some of them had, sir, but everybody's attitude was sorta 'the lieutenant don't care, so why should we?'"

"Why did you conclude the lieutenant didn't care?"

"We knew there wasn't any spare on board, and the equipment hadn't been casualty reported even though it'd been going bad for a while, and the lieutenant hadn't been down to Forward Engineering that afternoon to talk to anybody about it. I guess that's why."

Captain Mashiko looked at his fellow members one more time. "There are no further questions from the members."

Judge Halstead nodded. "Very well. Petty Officer Kulwari, 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."

"Yes, sir. No, sir. Uh, I'll do what you said, sir." Petty Officer Kulwari stood up with a stiffness which betrayed the tense way she'd been sitting and left the court with relief clearly visible on her face.

Commander Destin, the Michaelson 's chief engineer, was called as the next witness. After swearing her in, Commander Carr indicated the defense table. "Commander, were you ever informed by Lieutenant Silver that the controller on the power junction transfer in Forward Engineering was failing and in need of replacement?"

Destin seemed gloomier than ever. "No. I never received that information."

"Not in writing? Not in an email? Not verbally?"

"No."

"Did Lieutenant Silver ever indicate in any way that he had any equipment problems?"

"I received some status reports from Chief Asher."

"But not directly from Lieutenant Silver?"

"No."

"What was your impression of Lieutenant Silver as an officer?"

Destin looked stubborn as she replied. "He'd just come aboard and was still learning the ropes. I had a favorable impression overall."

"Based upon what factors, Commander?"

"His attitude, his bearing, his general approach."

Alex Carr looked momentarily puzzled. "Pardon me, Commander Destin, but that list lacks specifics. Is there any specific action Lieutenant Silver carried out while working for you which you recall favorably?"

"He'd only been aboard a few weeks."

Paul tried not to let his own reaction to Destin's attitude show. Great. I break my butt trying to do everything I should, and get chewed out by my department head. Silver coasts through his days, sucking up to his bosses, and they think he's doing great. Like Sonya Sindh said, it's not fair, but there's nothing we can do about that.

Commander Carr nodded in response to Destin's last statement. "What did Lieutenant Silver tell you about the accident in Forward Engineering?"

"He didn't know any more about it that anyone else."

"That's what he told you."

"Yes, and I believed it. Believe it."

"Even though Lieutenant Silver's enlisted personnel all say Mr. Silver did know something about it?"

"If I have the choice between believing one of my officers or an enlisted sailor, I'm going to make the same choice every time."

"What about one of your officers and almost twenty enlisted?"

"Same difference. You either trust your officers or you don't."

"Then you don't trust the enlisted in Lieutenant Silver's division? Yet you still allow them to run vital equipment?"

Lieutenant Commander Jones stood. "Objection. Trial counsel is harassing the witness."

Halstead gave Carr a sour look. "Sustained. You've made your point, Counsel."

Carr nodded. "Yes, your honor. Commander Destin, you returned to the ship on the evening of 19 September after you'd been paged and informed of the fire, correct?"

"Yes."

"About when did you return to the ship?"

"I got back about 2200. I remember because I checked the time just before I reached the area near the quarterdeck."

"Where was Lieutenant Silver at that time?"

Destin frowned. "I don't know."

"When did you first encounter Lieutenant Silver that evening?"

"About… maybe 2300. Maybe a little later. We were drafting our report on the accident and needed his input."

Commander Carr assumed her momentary puzzled look again. "Lieutenant Silver was the command duty officer, responsible for events on the ship, and was the main propulsion assistant, whose Forward Engineering compartment had just sustained serious damage, and whose leading chief had apparently died. Yet you didn't see him for an hour?"

"I assumed Lieutenant Silver was busy elsewhere. As you just pointed out, he had many responsibilities to deal with."

Carr leaned closer, her attitude now challenging. "Commander Destin, have you met anyone who saw Lieutenant Silver during that period? Anyone at all?"

Destin glowered back. "I haven't gone around asking."

"I can help with that, commander, because I have. No one saw Lieutenant Silver. Not on the quarterdeck, or in the wardroom, or in Damage Control Central, or anywhere near Forward Engineering. As his immediate superior, how do you explain that?"

"Objection." Commander Jones gestured toward Carr. "Trial counsel is citing matters not previously introduced into evidence."

Halstead cocked an eyebrow toward Carr. "Counsel?"

Alex Carr held up her data pad again. "I have sworn statements from every officer and chief petty officer on the USS Michaelson attesting to their inability to account for Lieutenant Silver's presence during the period from about 2200 to about 2300 the night of 19 September. With the court's permission, I'd like to have them entered into the record at this time."

Judge Halstead glanced toward the defense table. "I assume you mean every officer except Lieutenant Silver?"

"Yes, Your Honor. I apologize for the inaccuracy."

"I hereby order the statements entered into the record. Objection overruled. Continue, counselor."

Carr faced Destin again. "Commander? How do you account for Lieutenant Silver's disappearance during that period of time?"

"I can't. Ask him."

"I'm asking you, commander, because as his immediate superior you are responsible for his behavior and evaluating his professional performance. Do you, personally, believe a professional officer with those responsibilities should have been unseen and unheard from for an hour's time on the evening of a serious accident and death on the ship?"

Destin stared back, but finally shook her head. "No."

"No, you do not believe this was something which a professional officer should've done?"

"No, I do not."

"Do you like Lieutenant Silver, Commander?"

Destin flushed as she spoke through clenched teeth. "What are you implying?"

Commander Carr held up two palms in a calming gesture. "Nothing unprofessional, Commander. Not at all. I'm simply asking whether you, as the department head, liked having Lieutenant Silver as a division officer."

Commander Jones, halfway out of his seat to register another objection, sat back down.

Destin's flush faded a bit. "Yes. Lieutenant Silver has been respectful and demonstrated a pleasing personality. As I noted earlier, I've had no grounds for questioning his professional capabilities."

"Until now, Commander? You just indicated his disappearance for an hour that night was unprofessional in your opinion."

"Yes."

"The night of the accident, the data in the engineering logs was so severely damaged that it was unrecoverable. As chief engineer on the USS Michaelson, do you know of any accidental cause which would account for that?"

"The investigation of the accident found the cause of the data loss could not be determined."

"Yes, I know that, Commander. I'm asking for your professional judgment. Aren't those logs designed to survive the complete destruction of the ship?"

Destin made a face. "That depends how the ship's destroyed."

"Conventional explosion? Fire? Decompression?"

"They should be able to survive those."

"Then, again in your professional judgment, should the accident on 19 September have been able to destroy the data in those logs?"

Destin's lips pressed together in a tight line, then she shook her head. "Not to my knowledge."

"What sort of information would those engineering logs have contained?"

"Anything pertaining to the status and operation of the equipment in Forward and After Engineering."

"In other words, they would've told us if someone were working on the power transfer junction in Forward Engineering?"

"Yes."

"And if whoever was working on that equipment had disabled safety interlocks?"

"Yes."

"What does it take to disable those safety interlocks, Commander Destin? Could Chief Asher have done it by himself?"

Destin's mouth worked for a moment. "No."

"Doesn't the engineering system require authorization codes from an officer and an enlisted to disable safety interlocks?"

"Yes."

"Then an officer had to have been involved in assisting Chief Asher if he was working on the power transfer junction, correct? An officer in the engineering department?" Destin stared stubbornly past Commander Carr. "Commander Destin. If Chief Asher was working on the power transfer junction single-handedly, doesn't that mean he had to have disabled the safety interlocks, and isn't that only possible with the assistance of an officer from the engineering department?"

Commander Jones was on his feet. "Objection. The witness is being asked to describe a situation whose existence has not been proven. Whether or not Chief Asher was working on the equipment remains speculative."

Commander Carr spoke directly to Judge Halstead. "Your Honor, the question pertains to standing procedures and system requirements within the engineering department. There is nothing speculative about the nature of those requirements."

Jones shook his head. "Your Honor, the question only matters if the theoretical situation is assumed to exist. Trial counsel cannot simply assume the existence of that condition but must first prove it."

"I disagree, Your Honor. Engineering system requirements are matters of fact. If defense counsel prefers, I could simply introduce the engineering department system manuals into evidence in order to establish the same point."

"Your Honor — "

Jones' latest point was cut off as Judge Halstead held up one hand in a warning gesture. "I'd appreciate the chance to get a word in edgewise, Counsels. Trial counsel's question clearly pertains to a matter of fact, though any attempt to subsequently link that fact to events must be regarded as theoretical unless further proof is supplied. Objection overruled. The witness is directed to answer the question."

Commander Destin looked at the judge as if trying to be sure she was the one being addressed, then focused back on Commander Carr. "Yes. The system requires an officer and an enlisted to provide authorization codes."

Commander Carr eyed Commander Destin a moment longer. "Thank you, Commander. No further questions."

Lieutenant Commander Jones came forward to stand a little further back from Destin than Carr had, his posture less challenging. "Commander Destin, you've already testified to having a general good impression of Lieutenant Silver's work and attitude. While Lieutenant Silver worked for you, were there any specific negative incidents which caused you to question that assessment?"

"No."

"At any time prior to 19 September, were you approached by any personnel who worked for Lieutenant Silver expressing concern over his leadership or the status of the equipment in Forward Engineering?"

"No."

"Ma'am, would you expect a chief petty officer to execute a clearly illegal order if you gave him that order?"

"No, of course not."

"Have you ever had an individual who worked for you die, Commander?"

Destin's face worked for a moment. "Yes."

"After you had carried out all of your immediate responsibilities, Commander, did you find a need to grieve? In private?"

"I…" Destin's voice seemed to choke off, then she swallowed and tried again. "Yes."

"Would you regard that need as a plausible explanation for Lieutenant Silver's inability to be found for a brief period on the evening of 19 September?"

"Yes. Yes, I would."

"Commander Destin, authorization codes are supposed to be kept confidential. Are any ever disclosed either on purpose or by accident?"

Destin nodded quickly. "Yes. Yes, they are. Everybody knows that."

"Then one person could've had access to two authorization codes?"

"Objection." Commander Carr pointed at Commander Jones. "Counsel for the defense is introducing theoretical situations."

"Your Honor, this is also a matter of fact."

"It is not a matter of fact, Your Honor. No evidence has been provided that authorization codes were in fact compromised. If such evidence existed, I would be surprised by any attempt by counsel for the defense to introduce such evidence knowing it would serve to substantiate the charge of dereliction of duty."

Judge Halstead shook his head, his eyes reflecting annoyance. "These disputes over theoretical issues appear to be a habitual problem. I expect better of professional lawyers. Counsel for the defense, do you in fact have evidence authorization codes were compromised within Lieutenant Silver's division?"

"No, Your Honor. Not at this time."

"Then the objection is sustained."

Commander Jones looked back toward Commander Destin. "No further questions."

Halstead focused back on Commander Carr. "Do you wish to redirect, counsel?"

"No, Your Honor."

Halstead looked toward the members. "Do the members of the court have any questions for the witness?"

Lieutenant Commander Susan Goldberg spoke up. "I have a question. Commander Destin, you replied to a question about whether or not Chief Asher should be expected to obey an illegal order by saying no. What would you have expected Chief Asher to do, assuming he did receive such an order, ma'am? One requiring him to do something unsafe?"

Commander Destin remained silent for a moment. "Report the matter."

"He should jump the chain of command, ma'am? Bypass his division officer and go straight to you?"

"That's correct."

"But you also testified you'd always take the word of an officer over that of an enlisted. If Chief Asher came to you and said one thing, and Lieutenant Silver said another, you'd believe Lieutenant Silver."

Destin's expression started becoming hostile as she stared at Lieutenant Commander Goldberg. "All other things being equal, yes."

"I repeat, then, what would Chief Asher's alternatives have been, ma'am? Obey an illegal order, or report it to you and be branded a liar by Lieutenant Silver, knowing you would accept Lieutenant Silver's statement?"

Commander Destin looked around the court room as if seeking an answer. Lieutenant Commander Jones stood slowly. "Your Honor, I wish to object to the member's question. She is asking the witness to speculate about her response to a theoretical situation."

Judge Halstead tapped one finger on his desk as he thought about the objection. "And here we are again. Lieutenant Commander Goldberg, do you require an answer to your last question from the witness?"

Goldberg shook her head. "No, sir. I believe the question has already been answered."

"Trial counsel?"

Commander Carr gestured toward Goldberg. "Trial counsel defers to the member, Your Honor."

"Then I will sustain the objection. Again. Do the members have any further questions?"

Goldberg shook her head again. "I don't, sir."

Commander Destin received her instructions and left the courtroom, her gloom now lighted by a clear flare of anger.

Commander Carr called her next witness. "Petty Officer First Class Ivan Sharpe."

Sharpe strode to the witness stand looking every inch a master-at-arms, took the oath, then waited attentively for the first question from Commander Carr.

"Petty Officer Sharpe, did you encounter Chief Asher at any time on 19 September of this year?"

"Yes, ma'am."

"Describe that encounter, if you please."

"Ma'am, at approximately 1800 I returned to the ship to drop off a few personal purchases before heading out on liberty for the evening. As I headed back toward the quarterdeck, at about 1830, I passed Chief Petty Officer Asher going the other direction. He wasn't really looking at me, just glaring ahead like he was very upset, and he was talking to himself."

"What did you hear Chief Asher say?"

"I heard three words distinctly as Chief Asher came abreast of me, ma'am. They were 'just do it.'"

"'Just do it'? What was Chief Asher's tone when he said those words?"

"Angry, ma'am."

"What did you do?"

"I said hi, and he didn't react at first, then he looked at me like he was surprised to see me. I said hi again, and asked Chief Asher if he needed anything, if I could help him with anything. He looked at me for a couple of seconds, then shook his head, said 'no,' and headed on down the passageway."

"You didn't follow him?"

"No, ma'am. Chief Asher had made it real clear he didn't want to share anything with me."

"You had no idea why he was upset?"

"Not then, ma'am, no. Not an exact idea. I do know whenever I hear a fellow enlisted say 'just do it' he or she's repeating something they've been told by an officer."

"Objection." Commander Jones pointed at Sharpe. "The witness is speculating about matters beyond his factual knowledge."

"Sustained." Judge Halstead gave Sharpe a hard look. "The witness is reminded he is to testify to what he saw or heard and is not to speculate as to the meaning of those things."

"Aye, aye, sir."

Despite Sharpe's dispassionate reply, Paul could have sworn he caught a glint of satisfaction on his face. You did that on purpose, didn't you, Sheriff? You weren't sure it'd come out in questioning, so you went ahead and said it even though you knew you shouldn't. Well, I'm not going to rat on you.

Commander Carr tapped her data pad. "I have the text of the investigation done on the accident on the USS Michaelson. It doesn't contain the information you just provided about Chief Asher. Why isn't that information in the investigation?"

"I don't know, ma'am. I submitted a statement."

"A sworn statement?"

"Yes, ma'am. Witnessed by Senior Chief Kowalski of the USS Michaelson."

"What became of that statement?"

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

"Thank you, Petty Officer Sharpe. No more questions."

Lieutenant Commander Jones approached Sharpe in an almost wary fashion which somehow made Paul think of a mongoose closing on a cobra. "Petty Officer Sharpe, had you ever seen Chief Asher angry before the evening of 19 September?"

"Of course, sir. Chief Asher was human."

"What sort of things made him angry on those earlier occasions?"

"The usual, sir. Personal problems, problems with enlisted junior to him, problems with equipment, problems with people in other divisions, problems within his duty section, problems with officers." Another low chuckle briefly sounded through the court room.

"Then Chief Asher could have been angry for any of those same reasons that evening, couldn't he?"

"No, sir."

"Why not, Petty Officer Sharpe?"

"Chief Asher shared problems like that with me. We were friends. Whatever was bothering him that night wasn't the usual stuff, or he'd have told me."

Jones seemed to have tasted something sour. "No further questions."

Commander Carr smiled at Judge Halstead, "No redirect, Your Honor."

Paul wondered why Carr's smile seemed happy as well as polite. She sandbagged Jones, didn't she? She could've had Sharpe tell the court that bit about Asher being unhappy for an unusual reason, but she left it out in hope Jones would ask a predictable question that'd let Sharpe say it. Tough and sneaky. I definitely don't want to cross swords with Commander Alex Carr.

The next witness was Lieutenant Mike Bristol. Commander Carr questioned him about his knowledge of the spare. Yes, the ship's supply system had been asked about the status of a spare controller for the power transfer junctions. No, none had been available onboard, but some were available from the station supply depot within three or four working days. "Wasn't your ship due to get underway on Monday, Lieutenant Bristol?"

"Yes, ma'am."

"Then three or four days wouldn't have cut it, would it? Was there any way to get that spare part over the weekend?"

"Yes, ma'am. You can ask the station authorities for an emergency parts draw. That needs the ship's commanding officer's approval for the request, and it needs to go to the station's senior duty officer."

Commander Carr paced back and forth before the witness stand. "Then that spare could've been acquired over the weekend. Officially acquired in time to install it. But to do so Lieutenant Silver would've had to get his commanding officer's approval, and his commanding officer would've had to make an emergency request of the station."

"Yes, ma'am."

"In other words, he would have had to inform his superiors of the situation."

"Yes, ma'am."

"If the court pleases, I have a copy of a revised report from the physical investigation of Forward Engineering following the accident, and will quote from the revised conclusions: 'Initial investigations had focused on searching for unexplained fragments in the debris that might have represented explosive devices or sabotage, and upon analyzing remnants of equipment for evidence of the cause of the explosion. Based upon information supplied by shipboard personnel, fragmentary evidence from the compartment was reanalyzed and confirmed that pieces of two controller units for the power transfer junction were present.' This report confirms that by Saturday 19 September a spare was onboard the USS Michaelson." Carr tapped her data pad a few times. "Lieutenant Bristol, I have displayed here a picture of the package for a controller spare. Do you recognize it?"

"Yes, ma'am."

"Why?"

"Because I share, I mean I shared a stateroom with Lieutenant Silver. On Friday night, Lieutenant Silver had a package like that under his desk."

"Friday night the 18th of September?"

"Yes, ma'am."

Paul couldn't hide his surprise. I never thought of asking Mike about that. But it makes sense. Where else would Silver have kept the part until Saturday?

"You didn't comment on it?"

"No, ma'am. There's not a lot storage space on the ship. If parts get drawn but need to be stowed for a few hours, it's not unusual at all for officers to park the parts in their staterooms."

"Lieutenant Silver had the part on Friday night. When did you notice the part gone?"

Mike Bristol twisted the corner of his mouth. "I know it was there when I went to sleep. I'm pretty sure it was there in the morning."

"Then Lieutenant Silver had it overnight before providing it to Chief Asher."

"Yes, ma'am."

"No more questions."

Lieutenant Commander Jones took up position directly in front of Mike Bristol. "Lieutenant, are you certain the box you saw under Lieutenant Silver's desk was that part?"

"Yes, sir."

"You couldn't have been mistaken? It couldn't have been something close to that part's package in appearance?"

Mike Bristol shook his head. "No, sir. I work with spares a lot, and Commander Sykes, he's my boss, he says I need to be able to look at a box and know what's in it. I pay attention to boxes, sir."

"You said you were 'pretty sure' the box was there the next morning. You're not certain?"

"I can't claim to be one hundred percent certain, sir. But I'm ninety percent sure."

"Is being ninety percent sure you have the part needed to fix something the same as being one hundred percent sure?"

Mike Bristol flushed slightly. "No, sir."

"No more questions."

Then came Lieutenant Fung, the officer from the station supply office. Yes, the part had been drawn late on Friday afternoon. Yes, it had definitely been Lieutenant Silver. "He had this big sob story. I really don't remember why I agreed to let him draw the part. He's really persuasive, I guess."

Commander Carr nodded. "Then Lieutenant Silver got the part without requesting an emergency parts draw, which would have required his captain's signature?"

"That's right, ma'am."

"At what time did Lieutenant Silver receive the spare controller?"

"According to our database, the part was logged out at 1630."

"1630? Then Lieutenant Silver had the part as of 1630 on Friday the 18th of September?"

"That's right, ma'am."

"Which, as a petty officer from the Michaelson previously testified, is at least half an hour prior to knock-off ship's work. Thank you."

Lieutenant Commander Jones shook his head. "No questions."

Judge Halstead consulted his watch. "I'm aware that line officers have a tendency to work through meals, but since this is my courtroom we will break for lunch. The court-martial is closed, and will reconvene at 1300 in this courtroom."

"All rise!" Paul and the others in the courtroom came to attention as Judge Halstead and the members filed out through their respective doors. "Carry on. Court will reconvene at 1300."

Commander Carr sank back into her chair, then swiveled in it to look at Paul. "That didn't go too badly."

Paul nodded. "It sure isn't making Silver look very good."

"Ah, but we not only have to make him look bad, we have to convince those five officers that he did bad."

"Did you deliberately set up Lieutenant Commander Jones to ask that question of Petty Officer Sharpe?"

Carr grinned. "You caught that, huh? You may have the makings of a lawyer, Mr. Sinclair. Yes. It served two purposes. Having Sharpe say Chief Asher was upset over something out of the normal in response to the defense counsel's question gave the answer more force since no one expected it. It also made Commander Jones a bit gun-shy with the next few witnesses, since he's worried about me ambushing him again."

"How much could Commander Jones have done against Mike Bristol and the other supply Lieutenant? Their testimony was pretty straight-forward."

Carr's grin turned knowing. "A good lawyer, if that term's not an oxymoron, can make any witness look bad. Exactly what time did it happen? There aren't any other boxes that look exactly like that one? Are you positive Silver is the man who picked up the part? Could it have been Chief Asher? Etc., etc., and so on. Besides, my knowledge of line officers is that they don't place a lot of credence in what supply officers tell them. Right?"

Paul smiled. "I'm afraid so, but that doesn't apply to Mike Bristol."

"Great. But those members of the court don't know Bristol personally. Those two supply officers would have been the easiest witnesses for the defense counsel to discredit on the stand in the eyes of the members of the court. But defense counsel held back because he thought I might have laid another mine in his path."

"It sounds like you're into strategy and tactics as much as line officers are, ma'am."

"Why not? We're both out for the kill. Metaphorically speaking in my case, of course, since the charges against Silver don't merit the death penalty. I'll see you at 1300."

Paul left the courtroom trying to decide where to eat lunch, but to his surprise found someone waiting for him. "Jen? How'd you get off your ship?'

She smiled. "I walked. After I convinced my department head I could really use some time ashore. Interested in lunch?"

"You bet. We've got 'til 1300."

"I've got less than that. I have to be back on the Sorry Maury by 1230."

"Okay. Quick lunch. Let's hit some vending machines."

Paul filled Jen in on the events of the morning, then spread his hands. "I wish I knew what the members of the court were thinking."

"I know what I'd be thinking. Do you ever get the feeling Silver's been coasting on being an admiral's son?"

"The thought had crossed my mind. I've also been wondering how much being a Navy officer was really his idea in the first place. He sure doesn't act like he wants the job."

"You may be right, especially with a daddy like Vice Admiral Silver, who might've just expected his son to follow in the family footsteps. Or else." Jen looked away, her face troubled. "Speaking of fathers, I do have some news you need to know. My father's been tapped as a defense witness."

"Oh, great." I'll be sitting there looking at Captain Shen staring at me from the witness stand as he answers questions about whether or not Lieutenant Silver's to blame for that accident. "And my captain wants me in that courtroom."

"Captains in front of you and captains behind you. I'd dodge, if I was you."

Paul laughed briefly. "Immediate evasive maneuvers! Brace for collision!"

"Abandon ship?"

"No, I think I'm supposed to go down with it."

"How do you go down with a spaceship?" Jen asked. "Unless you're in a gravity well."

"I'll let you know. Does this mean you've talked to your father?"

"Uh-uh. Strictly intelligence collection using secondary but reliable sources. Speaking of intelligence collection, how are you and that hot little commander getting along?"

Paul frowned. "You mean Commander Carr? She's way out of my league, Jen, even if I wasn't taken. How would I ask a commander on a date?"

"Oh, you've wondered about how to do that, huh?" Jen giggled. "I'm just teasing. The commander's married, in case you haven't noticed the ring."

"No, I guess I hadn't. I haven't really looked at her that much — "

"Uh-huh. Sure. But I'll pretend to believe you."

Before Paul knew it, Jen had to head back for the Maury. He was halfway back to the courtroom himself before he realized Jen's bantering had driven thoughts of the trial from his mind for a while. Thanks, Jen.