Rule of Evidence

Chapter Twelve

"Ma'am, I need your help." Paul glanced at the time. Zero Seven Hundred. Three hours left before the court-martial resumed. As Sykes had predicted, Paul had found Herdez in her office.

Commander Herdez kept her own expression noncommittal. "What about, Mr. Sinclair?"

Paul licked his lips, aware he looked as nervous as he felt. Commander Herdez' office ashore looked much as her stateroom on the Michaelson had. A few personal mementoes, reminders of her earlier duty assignments, but otherwise sparse and professional. "Ms. Shen, ma'am."

Herdez let regret show. "I'm sorry, Mr. Sinclair."

"You know she couldn't have done it."

"Yes. I was, in fact, approached as a possible member of the court because of my experience on a ship similar to the Maury, but informed my superiors I could not render impartial judgment in the matter."

That alone would surprise Jen. She's sure Herdez has been gunning for her from the first minute they met.

"But," Herdez continued, "I'm afraid I know of no concrete information which would exonerate Ms. Shen. I cannot help with that."

"That's not what I'm asking for, ma'am. Lieutenant Shen is…" Paul struggled for the right words. "She's feeling abandoned." And she'd scream bloody murder if she knew I'd told you that.

"Not by you, surely."

"No, ma'am. I'm there as much as I possibly can be. But that doesn't seem to help her enough."

"That's understandable, Mr. Sinclair." Commander Herdez seemed slightly amused by Paul's reaction to her words, then sobered. "Your support is a given. It's assumed. Thus it means less to Ms. Shen than it probably should." She fell silent for a moment. "Just as sometimes my own support to Navy is assumed."

Paul eyed her with amazement. It was the only time he'd heard anything approaching criticism of the Navy from Herdez. "Jen- I mean, Lieutenant Shen, needs more than I can give, ma'am. But she knows how professional you are. She really respects your judgment, even though… uh…"

"Even though Ms. Shen believes I hold her in low regard as an officer and as an individual?" Herdez asked dryly. "Yes. I'm aware of that. You want me to express support for her?"

"Yes, ma'am. Just a message would mean so much, I think."

"It will be more than a message, Mr. Sinclair. Whatever the cause of the Maury 's incident, my professional and personal judgment tells me Ms. Shen could not have been responsible. For whatever it is worth, I will ensure she knows that."

"Thank you, ma'am. Thank you." Paul made to rise, but Herdez waved him back to his seat.

"How are you doing on the Michaelson, Mr. Sinclair?"

As if you didn't know. I bet Commander Sykes sends you daily updates. "Pretty good, ma'am. There's still a great deal to learn, but I'm getting there."

"No Open Space Warfare Officer pin as of yet, though."

Paul hoped he wasn't flushing with embarrassment. "Not yet, ma'am. Within the next few months though, I think."

"Good. It still appears I will receive my own command when I leave this assignment. New construction perhaps. Would you be interested in serving on her?"

Oh, wow. New construction. A bright, shiny new ship with all the latest stuff on it. But — "When would that be, ma'am?"

"About a year and a half."

"I should be on shore duty, then, ma'am. In the middle of my tour of duty."

"It could be truncated, Mr. Sinclair."

Yeah. It could be. Instead of having some nice shore job for a couple of years I could go back to spaceship duty early. No way. But Herdez is asking me. What a compliment. Especially from an officer like her. What would Jen say? She'd be real unhappy. Wouldn't she? We don't know where we'll be serving next. Maybe it wouldn't matter, if one of us was stationed on Persephone and the other had duty on one of the submerged coastal platforms. Then we'd be separated a lot worse than if I was on ship duty again. I don't know. How can I know now?

Herdez nodded as if Paul had said something out loud. "I understand, Mr. Sinclair. It's hard to make a commitment at this point in time. Please keep it in mind, however. When does the court-martial convene?"

"Ten hundred, ma'am."

"Ten hundred?" Herdez let some exasperation show. By ten hundred, Paul knew, she expected anyone to have put in half a day's work already. Even if it was a Saturday. "Pleasant working hours, indeed. I'm sure I can arrange something for Ms. Shen prior to that late hour of the day."

Paul rose again at the implied dismissal. "Thank you, ma'am."

From Herdez's office in the fleet staff complex, Paul moved as fast as he reasonably could to reach the courtroom. He was very early, of course, but preferred that to sitting somewhere else alone with his worries and fears.

Lieutenant Bashir arrived well after Paul but still fairly early. "Can't chat, Mr. Sinclair. I've got some preps."

"I understand. A lot of witnesses, I hope."

Bashir glanced at Paul. "Not exactly." Then he bent to his work, leaving Paul to ponder what Bashir's words might mean.

The room gradually filled. The ranks of high-level spectators seemed much thinner this morning. Paul looked around, not seeing nearly the same number of admirals and captains. They've already seen what they wanted to see, the evidence against Jen. They're not interested in whatever she says in her defense. No. That's not entirely fair. The one's who're here are obviously interested, and I don't know how many yesterday were drawn by the chance to see and hear Captain Halis.

A pause in sound told Paul that Jen had arrived. Once again she came up the aisle, her master-at-arms escorts moving in tandem. As she reached the front of the court-room she saw Paul and he actually saw her stumble slightly in reaction. Then she had moved on to stand at the defense table.

Jen and Bashir conferred quietly for several minutes. Then she turned so she could just see Paul out of the corner of her eye. "I didn't think you'd be here," she murmured so softly he barely heard it.

He tried to answer at the same volume but still give his reply force. "I'll always be here, Jen."

Jen's jaw quivered, but she just nodded. Then someone came to stand at the seat next to Paul's and Jen's face went rigid again. He looked over, seeing Commander Herdez, who was gazing steadily at Jen. Herdez inclined her head slightly toward Jen in greeting, then sat with calm deliberation in the seat next to Paul, publicly and unmistakably placing herself in support of Lieutenant Shen.

"Ms. Shen," she murmured. "Do your best today. Your best is exceptional."

Jen's fixed expression altered a bit as she stared back at Herdez. Paul could see disbelief there. He spoke just loudly enough for Commander Herdez to hear. "Thank you, ma'am."

Herdez acknowledged his words with a small gesture.

Then the bailiff was at the front of the courtroom again, eyeing the spectators. She repeated her instructions for the benefit of those who might not have heard them the day before, then went to notify the judge. "All rise."

McMasters took a moment to look at the defense table, his expression impossible for Paul to read, then he gestured to Lieutenant Bashir. "Proceed."

"The defense calls as its first witness Lieutenant Harold Falco, United States Navy."

Paul watched Falco stride to the witness stand. Despite his relatively junior rank, he carried enough age on him to make it obvious he must have had extensive enlisted service before being commissioned. Falco sat and stared out across the court-room, his manner almost defiant.

Lieutenant Bashir approached the witness. "Lieutenant Falco. What is your current duty assignment?"

Falco shifted his seat as he answered. "Assistant Plans Supervisor, Franklin Naval Shipyard."

"What does that job entail?"

Lieutenant Falco shrugged. "A lot of things. But they all have to do with making sure jobs in the shipyard are well-planned and well-executed."

"Jobs on U.S. Navy ships, you mean?"

"Usually, yes."

"Are you familiar with the contents of the investigation into the damage suffered by the USS Maury on 21 February of this year?"

"Yeah." Falco nodded brusquely. "That's required reading, in my line of work."

Bashir turned to face toward the members of the court-martial. "Before I go any further, Lieutenant Falco, would you describe your experience in the field of engineering?"

"Certainly. I enlisted as a space systems machinist mate. Served on one research platform and on the Carpenter. When I reached petty officer second class the Navy wanted fewer machinist mates and more space system electricians, so I passed all the tests and switched rates. Worked on system upgrades for the Glenn, the Carpenter, the Grissom and a lot of other old ships. Then Admiral Genghis Conner Michaelson asked for me to help set up Franklin. I was a chief petty officer by then. A couple years later I applied for a commission. Since then I've served on the Mahan and in the shipyard. Two back-to-back tours in the shipyard, actually, because they asked me to stay."

Paul tried not to look impressed. The resume Falco had recited covered much of the actual engineering involved in the history of the U.S. naval space effort. He couldn't tell if the members of the court were also impressed, as all maintained poker faces.

Lieutenant Bashir nodded to acknowledge Falco's words. "Thank you. Now, as an extremely experienced engineer, do you agree with the conclusions of the investigation into the damage suffered by the USS Maury on 21 February?"

"No."

A rustle of interest followed Falco's very brief reply.

Bashir nodded again. "Why not, Lieutenant?"

Falco leaned forward in his seat. "Because they made too many assumptions that stuff would work as designed. I'm here, every engineer in the space fleet is up here, because stuff doesn't always work as designed. Any engineer with an ounce of experience could tell you that."

Bashir walked slightly to one side, making Falco turn also so he faced the members of the court better. "You don't agree that an accidental cause for the Maury 's damage was impossible?"

"No. I don't. That's garbage. You can try to make stuff work perfect and you can try to make it sailor proof and you can try to make it safe, but nothing is one hundred percent."

Bashir faced Falco squarely, speaking in a slightly louder voice to emphasize his next words. "Then, as probably the most experienced naval engineer in space, you do not believe sabotage is the only possible explanation for what happened to the Maury?"

"No, I don't."

"As an experienced engineer, who would you send to investigate a piece of equipment which was giving you problems?"

Falco grinned. "Whoever was best qualified to find out what I wanted to know. Maybe that's a new seaman. Or maybe that's my most senior engineer. It depends."

"Would you blame the only surviving officer for an accident based solely on the fact that she by chance survived?"

"Objection." Commander Carr gave Bashir a tired look. "Counsel for the defense is leading the witness and making prejudicial statements."

"Sustained." McMasters leveled his gavel at Bashir. "That's two, Lieutenant. Make it three and you'll regret it."

"Yes, Your Honor. No more questions at this time."

Commander Carr approached Falco with a calm demeanor that worried Paul. She seems too confident. What does she know about this guy?

"Lieutenant Falco, when you said you switched ratings from machinist to electrician, isn't it true that you'd failed to advance three times running to Machinist Mate First Class even though there was a shortage of such machinists?"

Falco's mouth twisted in a stubborn expression. "People weren't advancing in that rate. That happens sometimes."

"And when you said Admiral Michaelson asked 'for you,' didn't you mean he assigned your entire unit to the construction of Franklin?"

"He knew I was part of the unit."

"Lieutenant Falco, you were commissioned as an ensign nine years ago. Normal promotion periods should have you a Lieutenant Commander by now. Can you explain why you haven't made rank?"

Lieutenant Bashir stood up. "Objection, your honor. Trial counsel is harassing the witness."

McMasters shook his head. "Trial counsel is asking legitimate questions, Lieutenant. Overruled. Proceed, Commander Carr."

"Thank you, your honor." Carr turned back to Falco, who was now openly glowering at her. "Lieutenant?"

"I don't always rub people the right way, Commander. I may not be the most diplomatic man in the Navy but by God I know my job!"

"Why were you asked to do back-to-back tours at the Franklin Naval Shipyard, Lieutenant Falco?"

"Because they needed me!"

Carr consulted her data pad. "Do you want me to quote from the recommendation of your superior, Lieutenant Falco?"

Falco flushed. "I told you I rub people the wrong way, sometimes. That b- excuse me, my superior didn't know her job and wanted me to stay so I could cover for her."

"Didn't she actually say, in a memo endorsed by each of your superiors, that you needed to be closely supervised and were best held in that position at Franklin until you could be forced to retire next year?" Falco just glared at Carr. "Lieutenant?"

"I don't know what that memo said. I don't know what my superiors said. None of them know half what they should know to do their jobs right!"

This time, Paul tried not to let his despair show. Oh, great. Falco's a blustering braggart. His credibility just got shredded. Paul looked toward Lieutenant Bashir, who had the expression of a gambler who had just failed to draw to an inside straight.

Commander Carr audibly sighed. "Lieutenant Falco, are you an expert on engineering systems on Mahan — Class warships?"

"I'm as expert as anybody!"

"Lieutenant Falco, you're under oath. What do you believe qualifies you as an expert on the engineering systems on Mahan — Class warships?"

Falco stabbed his forefinger at her, his entire face now red. "I know engineering! It's all the same. It doesn't change."

Carr waited for several seconds after Falco finished, as if waiting for him to continue. "That's all, Lieutenant? General knowledge of engineering? That's make you a better expert on the engineering systems on the Maury than, say, Rear Admiral Hidalgo, the fleet engineering staff officer?"

Falco slumped back, his face still red. "Practical experience. Yes. Hell, yes. I've worked on all that stuff." He held up his hands. "I've got calluses from working on it! Not a bunch of college courses and theory and garbage, but on the deck working experience!"

"I see." Carr's tone carried a dismissive meaning that penetrated Falco's anger and made him glare even more angrily. Commander Carr eyed him a moment longer, then shook her head slowly. "I have no further questions for this witness."

Bashir shook his head. "No redirect."

Paul thought he could read Bashir's mind. Just get that idiot off of the witness stand before he does more damage to the credibility of the defense case. Why'd Bashir choose him for a witness, anyway? Why not somebody else? He felt a sick sensation in his stomach not unlike what happened when the main drives shut off. Maybe there wasn't somebody else. Maybe Falco was all Bashir could find willing to testify that the investigation was wrong.

Captain Carney had a smile on his face, but it wasn't a pleasant smile. "Lieutenant Falco, are you always right and your superiors always wrong?"

Falco sat up straight again. "It usually seems to work out that way, yes, sir."

Paul barely restrained himself from slapping his forehead. You idiot. You didn't even recognize the sarcasm in Carney's question.

Carney nodded. "I kind of thought you'd say that, Lieutenant. Any more questions for Lieutenant Falco?" This time, at least, the rest of the officers on the court-martial didn't need to be intimidated. All shook their heads with varying expressions of amusement or annoyance. "Thank you, Lieutenant."

Falco looked around as if unsure what to do now. The bailiff gestured him toward the main door of the courtroom and Falco walked out, his face and neck still red with anger.

Lieutenant Bashir stood again. "The defense calls as its next witness Mr. Victor Zimmer."

Zimmer wasn't really out of shape, but in a court-room full of officers and enlisted personnel who were required to meet rigorous standards for weight and fitness, the civilian looked a bit chunky. Unlike the military witnesses, he didn't march up to the witness stand, but almost seemed to stroll. Paul remembered the suggestion about using his brother David as a lawyer for Jen. He'd look like that, too. Out of place. As far as I know, David's a fine enough lawyer, but he'd be a fish out of water up here.

"Mr. Zimmer." Bashir smiled encouragingly. "What is your current position?"

Zimmer ducked his head and smiled back as he answered. "Team supervisor, Franklin Naval Shipyard."

"Did you work on the USS Maury during her recent overhaul?"

"Yes, sir. I certainly did." Zimmer nodded firmly. "Shift on and shift off for months. There's not all that much to do up here but work, so we usually work shift on and shift off."

"Yes, Mr. Zimmer. What can you tell us about the work you observed during that time?"

"Oh, we had some problems. Yeah. Drugs. Booze from local stills. Sloppy work. You name it."

Paul wanted to believe Zimmer, but at the same time he found his testimony a little too good. How could all that have been missed by the people overseeing the work on the Maury? And Jen never said anything to me about the work being exceptionally sloppy. He looked at her, but Jen's face wasn't revealing anything.

Bashir leaned closer as he pressed Zimmer. "Miswiring?"

"Sure."

"Safety rules ignored?"

"All the time."

"Work not done according to specifications?"

"Yeah."

"Do you have any estimate as to what the combined effect of all this on the engineering systems of the Maury would be?"

Paul looked toward Carr, expecting her to object, but she simply watched Zimmer.

Zimmer shook his head with a sorrowful expression. "Bad. I mean, I don't know how bad. But it wouldn't work like it should. No, sirree."

Bashir paused, then nodded. "Thank you, Mr. Zimmer. No more questions."

Commander Carr once again rose as if tired, staying behind the trial counsel's table. "Mr. Zimmer, how much time have you spent actually working at Franklin Naval Shipyard?"

"Uh, lessee, came up in, uh, September, about."

"Six months?"

"Well, I didn't start for a few weeks 'cause of some paperwork issues-"

"Five months."

"About. Yes."

"What is your primary area of work?"

"Excuse me?"

Commander Carr bent her head for a moment, then looked at Zimmer again. "What do you work on at Franklin Naval Shipyard?"

"Ships!" Zimmer looked around at the reaction to his answer, then his face cleared. "Oh, you mean like, exactly, right? I'm a multi-system connectivity specialist."

Carr nodded. "That means you run cables through the ship, right, Mr. Zimmer? Fiber optic, electrical, and other cables?"

"Right."

"Did you file any reports on this miswiring and safety violations and other problems you say you observed?"

"Uh, well, now, I talked to some folks about it."

"Did you file any formal reports?"

"Uh, no."

"How do you explain the fact that the records on the Maury 's overhaul at the shipyard show the work on her passed quality assurance inspections at every stage?"

"I guess they missed some stuff."

"How do you explain the fact that the Maury 's crew did not complain of the conditions you say were easily visible?"

"I dunno."

Commander Carr looked down at her table and shook her head again. "No more questions."

McMasters gave Lieutenant Bashir a questioning look. Bashir shook his head. The judge turned toward the members. Captain Carney, smiling the same way he had with Lieutenant Falco, shook his head. "The witness is excused."

Bashir had his head bent as Jen whispered to him with a fierceness that could be easily seen. He shook his head. She whispered again, her face stern. Bashir nodded and stood. "Your Honor, the defendant wishes to testify on her own behalf."

McMasters seemed nonplussed for a moment. "You're kind of rushing things, aren't you, Lieutenant? If Lieutenant Shen wishes to make a sworn statement during that portion of the trial, she's free to do so."

"Your honor, Lieutenant Shen wishes to testify as a sworn witness in her own defense."

The judge bent a stern look on Jen. "Lieutenant Shen, I'd normally be giving these instructions a bit later in the trial, but I'll give them now to ensure you understand your rights. 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?"

Jen stood to attention and nodded. "I understand, Your Honor."

"And you still wish to testify at this time under oath?"

"I do, Your Honor."

Judge McMasters made a bemused gesture. "Very well, Lieutenant Shen. You may proceed."

As Jen walked to the witness stand, her movements carefully controlled, Paul finally realized the implications of what was happening. Those were the only two witnesses Bashir could turn up, and they were both really weak. He couldn't find any real experts to testify for Jen. He couldn't find technical evidence to exonerate her. So now it's all up to Jen to defend herself, to try to convince the members of the court what I already know is true, that all the experts are wrong.

Jen reached the witness stand and turned to face the courtroom. She slowly raised her right hand for the bailiff to swear her in. "Do you, Lieutenant Junior Grade Jenevieve Diana Shen, swear to tell the truth, the whole truth, and nothing but the truth, so help you God?"

"I do." Jen sat, her back perfectly straight, her eyes scanning the courtroom before settling on the members of the court. Paul grimaced at her voice, so controlled and unemotional that it sounded almost robotic. But what else can she do? How else can she speak that wouldn't also look bad? Emotional is bad. Unemotional is bad She just has to be neither emotional or unemotional. One more trap for her in this court-martial.

Lieutenant Bashir stood before her. "Lieutenant Shen, please describe in your words what happened onboard USS Maury on 21 February."

She took a deep breath. "The engineering system on USS Maury had been displaying minor but erratic problems since we had come out of overhaul. Commander Juko told Lieutenant Schmidt and me that he was getting increasingly frustrated trying to deal with the problems. While each problem was individually minor, Commander Juko told us that he was concerned they might indicate some underlying problem that could prove more serious."

Paul glanced over at Commander Carr, who was listening intently and taking notes, but not revealing any reaction.

Jen swallowed and took another breath. "On the afternoon in question, we had just deactivated our anti-detection systems. That caused some fluctuations in power loads. Most of them seemed to be dealt with, but the after power coupling kept saying it was overloading and then immediately saying it wasn't. Up, down. Up, down. We couldn't figure out what the problem was by remote readings. I suggested sending one of our petty officers to check out the coupling in person. Commander Juko instead ordered me to go check it. He told me he wanted to be sure we could figure out what the problem was."

Another pause, another breath. "I headed aft. I'd just cleared the after survival bulkhead when a tremendous shock shook the ship. I was hurled against the nearest bulkhead. When my head cleared, I could see the survival bulkhead had been badly damaged and the area I was in was decompressing. I accessed the nearest survival locker. Many of the suits had been damaged by fragments from the explosion, but I found an intact one. After donning it, I tried to open the hatch leading forward. It was jammed solid. Within moments of discovering this, enlisted personnel began entering the same area I was in, trying to find out what had happened and seeking safety. Since we couldn't patch the survival bulkhead with the means available to us, we salvaged as many intact survival suits as we could and headed farther aft in search of undamaged compartments."

Jen paused. "We initially followed instructions to wait for rescue, but without enough survival suits we determined that would result in the death of many of the personnel. So I took an enlisted crew member and proceeded forward again, attempting to make our way past the survival bulkhead in hopes of contacting the rest of the ship. When we finally found a route into the area where… where… the after engineering compartment had been, we encountered a few members of the crew conducting emergency repairs."

"At no time did I take any action which could have caused the destruction of the engineering compartments on my ship. I did nothing which could have led to the deaths of so many of my shipmates, many of whom… whom… were my friends. I don't know why anyone, let alone me, would have wanted to harm them. I do not know what caused the events of 21 February. I do know I had nothing to do with them."

Jen stopped speaking and abruptly looked straight at Lieutenant Bashir, unable to conceal her nervousness. Bashir smiled reassuringly. "Lieutenant Shen, when you said 'we' undertook various actions to ensure the safety and survival of the personnel in the after portion of the Maury, didn't you actually mean you did those things?"

"I was the senior line officer present, Lieutenant. I had the responsibility to take command and order such actions as necessary given the situation in which we found ourselves."

"Then you saved them. By your quick and effective actions. You saved twenty-one sailors."

Jen swallowed again, then nodded. "I… did what I was supposed to do."

"What was your reaction when you learned the extent of what had happened to the USS Maury?"

She visibly paled at the question. "I…"

"I'm sorry, Lieutenant Shen. Is it fair to say you were grief-stricken?"

"Yes."

"Horrified?"

"Yes."

"What was your reaction when you learned you would be charged with causing those events?"

Jen's mouth worked for a moment before she answered. "Disbelief."

"Do you know of any reason why you in particular should be held responsible for what happened?"

"As God is my witness, no."

"I'll ask this directly, Lieutenant Shen. Did you do anything, either any act of commission or omission, on or before 21 February, which in any way could've have contributed to the destruction of the engineering compartments on the USS Maury?"

"I did not. I am offering sworn testimony to emphasize that I have nothing to hide. I did not commit the crimes of which I am accused. I could not."

Lieutenant Bashir nodded, then faced Commander Carr with a challenging expression. "Your witness, ma'am."

Judge McMasters exhaled heavily, then looked toward Carr as well. "Does trial counsel wish to cross-examine the defendant?"

Paul looked over at the trial counsel's table. Commander Carr had her head bent as she massaged her face with both hands. Lowering her hands and raising her head, Carr stood slowly, focused on Jen, and began walking toward her. Jen's eyes flicked toward Paul, her face betraying no emotion now.

Carr stopped before Jen and began speaking in a quiet but clear voice. "Lieutenant Shen, you've just testified to several things. You testified that Commander Juko, the chief engineer of the USS Maury, had stated concerns regarding the engineering system on the ship. Do you have any witnesses to this?"

"Lieutenant Schmidt, Ensign Guerrero, Chief-"

"Any living witnesses, Lieutenant?" Carr interrupted. "Anyone who can come to this stand or provide a statement supporting your testimony?"

Jen shook head, eyeing Carr defiantly. "No. They're all dead."

"Do you have any documentary evidence?"

"No. Everything was destroyed."

"You testified that the after power coupling was giving contradictory signals. Do you have any living witnesses to this?"

"No."

"No documentary evidence?"

"No."

"You testified that Commander Juko personally ordered you to go aft and investigate the power coupling. Are there any living witnesses who can corroborate this?"

"No."

"Any documentary evidence?"

"No."

Commander Carr looked downward, then back up. "What did you find at the after power coupling?"

"I never got to it."

"Are you aware that the investigation into the incident could find nothing wrong with the power coupling which was not clearly attributable to the shock of the explosions which the Maury suffered?"

Jen's eyes were wide now, but she kept her gaze steady. "I have been told that."

"Can you explain why the investigation found that there was nothing wrong with the power coupling when you claim to have been ordered to investigate problems with it?"

"No. Commander Juko told me to check it."

"We can't ask Commander Juko to confirm that, can we, Lieutenant Shen?"

Jen's jaw tightened spasmodically. After a few seconds she managed to answer. "No."

"How do you explain the fact that you reached safety from the explosions just moments before they destroyed the engineering compartments on the USS Maury?"

"I…" Jen stared at Paul for a moment.

I remember, Jen. You asked me 'why.' I couldn't tell you. How can anyone know the answer to that?

"I…" Jen swallowed again. "I don't know."

"You don't know?"

"I don't know why the explosions happened then and not five seconds earlier!"

Carr nodded, her own expression momentarily shifting in a way Paul couldn't decipher. "Thank you, Lieutenant Shen. Then you cannot offer any evidence to substantiate your account of events or any explanation as to how you happened to survive something which killed all of your co-workers?"

Paul almost flinched from the look in Jen's eyes as she stared at Commander Carr. Now I really know what "if looks could kill" means.

But Jen just shook her head. "Only my word as an officer."

"Thank you, Ms. Shen. What were your relationships with the other personnel in engineering on the Maury?"

"I… fine. Not perfect. Good working relationships."

"That's it? Nothing closer with anyone?"

"No!"

"Not with your superior, Commander Juko? Not with Lieutenant Schmidt?"

" No! That earlier testimony from Lieutenant Taber was bu-… totally unsubstantiated."

Carr lowered her head again. From his angle, Paul could see her biting her lip, but when she raised her head Carr's face was composed. "Lieutenant Shen, have you ever had a physical relationship with another officer assigned to the same ship?"

Paul felt his throat tightening so much he couldn't breath. Jen's face had frozen. A long moment passed. Jen didn't look at him again, even for an instant. She did have one. With me. Only after we both knew she was leaving the ship within a few days. But still, she had one. With me. And now she has to decide whether to lie about that. Under oath. But if she doesn't lie about it, it'll look bad.

How did Carr find out? I never even hinted at it. Who else knew? Kris Denaldo wouldn't have — Paul's eyes jerked involuntarily over toward Commander Herdez. Herdez knew. As our XO back then.

Even though she didn't return Paul's stare, Herdez moved her head back and forth slightly in a single, firm denial.

"Objection!" Lieutenant Bashir was either angry or very convincingly faking it. "Trial counsel is introducing issues which were not part of the defendant's sworn statement."

Carr shook her head. "Your Honor, the defendant made statements as to her relationships with others on the Maury. This is an elaboration on that."

"Your Honor, there is-"

Bashir subsided as McMasters held up one hand. "I'm sorry, Lieutenant. But Lieutenant Shen did address the issue when she described her relationships with her shipmates and when she made the very general statement that she knew of no reason why she'd want to harm her shipmates. That opens the matter for cross-examination by trial counsel. Objection overruled. Proceed, Commander Carr."

"Lieutenant Shen?" Commander Carr leaned a little closer. "Did you understand the question? Do I need to repeat it?"

Jen closed her eyes for a moment, then opened them with every appearance of calm. "Yes, ma'am."

"And what is your answer?"

"Yes, ma'am."

Carr kept her eyes on Jen even though she seemed to be addressing the entire courtroom now. "You've had physical relationships in the past with officers assigned to the same ship."

" No, ma'am. I had a physical relationship with an officer during a period of six days in which we were still assigned to the same ship. That is the only time such a thing has ever occurred and it wouldn't have happened then if I hadn't been leaving the ship in the very immediate future."

"But, Lieutenant, by your own admission, it is not something you'd never consider. Not something you'd never do. Can you disagree with what I'm saying?"

Jen looked as if she were choking but her voice was clear. "No, I cannot. But I swear I had no such relationship on the Maury with anyone."

Commander Carr watched Jen for a long moment, then turned away. "No further questions."

Lieutenant Bashir stood again. "Lieutenant Shen, let's get this out in the open. Did you have any personal reasons to dislike or even hate any members of the Maury 's crew, officer or enlisted?"

"Not that much, no."

"Did you want even any single one of them dead?"

"No. They were normal working relationships. I didn't hate anyone on the ship."

"Did you have any reason to want any of them dead?"

"No."

"Thank you, Lieutenant Shen."

Judge McMasters gestured toward the members of the court. "Captain Carney, do the members of the court wish to question Lieutenant Junior Grade Shen regarding her testimony?"

Captain Carney frowned and looked to either side. "I, um, what else can we ask?"

Lieutenant Kalin looked beseechingly toward Jen, ignoring Carney. "Lieutenant Shen, can you provide us with any alternate explanation for what happened to the USS Maury?"

Jen stared back, then shook her head. "No, ma'am."

"You were there. You can't provide any other possible cause?"

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

"Do you agree with the expert witnesses offered by the trial counsel that it should've been impossible for that engineering equipment to fail catastrophically by accident?"

"I… as far as I know that is correct, ma'am."

"You can't offer any alternative explanation?"

"I don't know of any specific alternative explanation. It had to have been an accident but I don't know how it happened."

"Lieutenant Shen, you're hanging yourself!"

McMasters frowned but before he could say anything Captain Carney had interrupted, speaking sternly. "Lieutenant Kalin, I understand your desire to fully question this witness, but we have a responsibility to avoid emotional outbursts."

Kalin ducked her head. "My apologies, sir."

"Anyone else? Anything?"

Commander Bolton leaned forward this time. "Lieutenant Shen, can you explain why you are here? In this court-room, charged with these crimes?"

Jen shook her head slowly. "No, ma'am. I cannot explain it."

Bolton stared earnestly at Jen for a long moment, than sat back again. "Thank you, Lieutenant."

Carney looked up and down the members' table again, then looked back at the judge, avoiding looking at Jen as he did so. "I guess that's it. I have no questions."

Jen stood up and walked back to the defense table, where she seated herself. Paul could see what perhaps no one else could, the way Jen's right leg was trembling with suppressed emotions.

McMasters watched her all the way back to the defense table, then looked at Lieutenant Bashir, who stood. "The defense rests."

"Very well. Commander Carr, is trial counsel prepared for closing argument at this time?"

"Yes, Your Honor."

"Please proceed."

Commander Carr looked toward Jen, watching her steadily for a long moment, while Jen gazed back at her. Then Carr walked a couple of steps away from the trial counsel's table, facing the members as she spoke. "Your Honor, members of the court-martial, on 21 February 2101 the USS Maury suffered awful damage to her engineering compartments. Sixty-one members of her crew died outright. Eight more suffered injuries so serious they have required extensive reconstructive surgery. A ship of the United States Navy was so grievously stricken that there were fears the ship would be lost.

"You've heard the testimony of experts on the engineering systems of the USS Maury. It couldn't have been an accident. You've heard the testimony of the Maury' s captain. She received no warning of any safety problems from her chief engineer or from any of the automated systems designed to prevent such a tragedy. Long ago a famous dictum was set forth — when you've eliminated the impossible, whatever remains must be the truth. The Maury 's trauma, the deaths of so many of her crew, couldn't have been an accident, so they must have been caused by deliberate sabotage."

"Who could have sabotaged the ship? Again, the experts testified that it would have required an insider, a very capable engineer, someone familiar with the engineering systems on the Maury, someone trusted by the other engineers so she could secretly do what was needed to cause those systems to destroy themselves as well as the lives of those shipmates who'd placed their trust in her. Someone who somehow survived the devastation, who should've been at her own duty station and died with her shipmates, but survived, reaching safety just moments before disaster struck. You've been told that officer was ordered aft, but the equipment she was supposedly personally ordered to examine for problems has been determined to have been in perfect working order prior to the explosions on the Maury."

"There are no alibis that can be corroborated by any living witness, by any surviving records, by any memories of those on the Maury who survived. There are no other possible explanations for what happened to the USS Maury except deliberate sabotage. Sixty-one officers and enlisted personnel of the Maury were murdered. The ship was severely damaged. I ask you to bring to justice the only one who could possibly bear responsibility for those acts, and to find Lieutenant Junior Grade Shen guilty on all counts and specifications for the criminal offenses with which she is charged."

The courtroom stayed silent as Commander Carr stepped back to the trial counsel's table and took her seat.

Lieutenant Bashir stood, walking to a position in front of the judge's bench, facing the members of the court-martial. "Your honor, members of the court, a terrible tragedy took place. The USS Maury was badly damaged and many members of her crew died. But condemning one officer who survived that horrible event will only compound the tragedy.

"Trial counsel has spoken of facts and proof. But the facts are that proof of these charges doesn't exist. None of the expert witnesses could explain how Lieutenant Shen could've carried out her alleged sabotage. None of them could point to her and say, 'she did this and she did that and those actions caused this tragedy.' They couldn't do that because there is absolutely no proof Lieutenant Shen was in any way responsible what happened. On the contrary, her actions following the tragedy ensured the survival of twenty-one enlisted personnel in the after portion of the Maury who might otherwise have died."

"Lieutenant Shen's own captain testified that she believed Lieutenant Shen to be innocent. There's no evidence to the contrary, just supposition piled upon supposition. No evidence of her guilt. No evidence of a motive for such an act except some gossip from a single fellow officer. The entire case against Lieutenant Shen is circumstantial. You're being asked to convict her of these horrible crimes based solely on the suspicion that she might have somehow been involved even though no one can say how she might have carried out these crimes. This is no basis for convicting anyone of murder, let alone an officer with an unblemished record, an officer who has given her best to the Navy, an officer who has earned the trust and the praise of her captain. Lieutenant Shen is not guilty of these crimes she's been unjustly charged with, not responsible for what happened to the USS Maury. The government has failed to provide any real evidence of guilt. I ask you to find her not guilty as to all charges and specifications, because Lieutenant Shen is not guilty."

Lieutenant Bashir walked back to the defense counsel's table.

Judge McMasters looked around the silent courtroom. "It is Saturday. I don't know how long it will take the members to render a verdict, but the Judge Advocate General has directed that courts are not to be convened or conducted on Sundays except in the case of emergencies. Therefore, this court will now close, and reopen at 1000 on Monday."