Rule of Evidence

Chapter Nine

The courtroom selected for the trial was the same one in which Captain Wakeman had been court-martialed. Given the small number of courtrooms available on Franklin, that wasn't too surprising, but Paul thought it an unnerving coincidence. As far as he could remember, the layout hadn't changed. But the paint on the walls had been freshened, the entire room cleaned and scrubbed, ready for any media scrutiny. Cameras would record the entire trial, of course, as they did every trial. Because classified material might well be discussed, open media access wouldn't be allowed and the proceedings wouldn't be televised in real time. But once the trial was over, that record might be released, edited or whole, to satisfy the curiosity of those watching from a distance.

The judge's bench dominated the front of the courtroom, rising higher than any other table or seat. There were two doors in the back of the room. One, Paul knew, led to the judge's chambers. The other was the entrance to be used by the five officers who were the members of the court. The member's table, just a long standard issue military table which had been glamorized by having a navy blue tablecloth draped over it, had five chairs behind it, the whole arrangement angled to face the judge's bench and the witness stand.

Actually facing the judge's bench on either side were two tables. Commander Carr already sat at the trial counsel's table, studying her data pad and ignoring the spectators. At the defense table, Lieutenant Bashir sat, his fingers drumming slowly on the table.

Paul sat directly behind the defense table, the only officer of his lowly rank that far forward in the court-room. But Lieutenant Bashir had been able to reserve a seat for him there, where Paul tried to look straight ahead and ignore the curious looks he knew he was attracting.

A loud murmuring finally made Paul look around. Coming in the main door was Jen, walking with stern dignity that couldn't banish the image of the two masters-at-arms escorting her, a prisoner under guard. Even though the masters-at-arms tried to lead Jen toward the defense table, she moved to block them and take the lead herself, then stood at attention for a moment before sitting down next to Lieutenant Bashir. The masters-at-arms retreated back to the main entrance of the court-room, where they went to parade rest and kept their eyes on Jen. Jen and Bashir exchanged some quiet words, then she turned enough to look at Paul and nod, her eyes revealing far more than her rigidly controlled expression.

As Paul smiled encouragingly back, he finally caught a glimpse of the band on her ankle which marked Jen's bonds. He'd seen such bands on prisoners, the violent, dangerous ones who might flee or attack their guards. Seeing it on Jen just emphasized how unreal the entire situation felt. If I'm going to wake up from a bad dream, now would be a real good time.

The court bailiff had walked to the center of the room, standing before the judge's bench. She looked around to ensure she had everyone's attention before speaking. "When the military judge enters, I will announce 'all rise' and everyone is to rise. The military judge will instruct everyone to be seated. When the judge directs me to summon the members of the court, everyone should rise once again. The military judge will once again instruct when you are to be seated. Are there any questions?"

The bailiff didn't bother waiting to see if there were any questions. She went to the judge's door, knocked gently, then stood back as the door opened. "All rise."

Paul sprang to attention along with everyone else. Captain McMasters walked up to his bench, settled himself, then looked at the trial counsel, the defense counsel and defendant, and all the spectators. Apparently reassured that all was in order, McMasters addressed the crowd. "This Article 39 (A) session is called to order. You may be seated. Trial Counsel?"

Commander Alex Carr stayed standing as everyone else sat. "The court-martial is convened by general court-martial convening order 0322, Commander, United States Space Forces, copies of which have been furnished to the military judge, counsel, and the accused. The charges have been properly referred to the court-martial for trial and were served on the accused on 22 March 2101. The accused and the following persons detailed to the court-martial are present: Captain McMasters, Captain Carney, Commander Carr, Commander Bolivar, Lieutenant Commander Cloud, Lieutenant Bashir, Lieutenant Kalin, Lieutenant Ishiki."

McMasters nodded and gestured to the bailiff. "Ask the members to enter."

This time the bailiff went to the other door in the back of the courtroom, knocking again and standing aside once more. "All rise," she ordered as Captain Carney led his four fellow officers into the courtroom. Carney took his seat in the center of the five chairs, the others sitting to his right and left in order of descending seniority. Paul studied the members of the court as well as his distance from them allowed.

Carney leaned back in his chair with a casual air of command and a demanding expression. Paul could imagine him in the same posture when junior officers reported to him, and almost hear Carney asking them, "What'd you screw up this time?" On Carney's immediate right, Commander Bolivar sat forward, her forearms resting on the table, her eyes searching the courtroom, her face wary. To Carney's immediate left, Lieutenant Commander Cloud seemed cautious as well. The two Lieutenants, seated in the outside chairs on each side, were the only ones who actually looked nervous. Ishiki looked old enough that he probably had enlisted experience, while Kalin seemed almost as young as Jen.

"You may be seated," Judge McMasters instructed the spectators. As Paul and others sat, the judge nodded to Carr. "Proceed, Trial Counsel."

Carr spoke clearly but unemotionally. The exact words she was saying were familiar to Paul. Carr herself had probably memorized them. They were spelled out in the Manual For Courts-Martial, and had to be spoken at the beginning of every trial. "I have been detailed to this court-martial by order of the fleet judge advocate general's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."

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

McMasters nodded once more, then motioned Jen to stand up. She did so, coming back to attention instead of just standing. "Lieutenant Junior Grade Shen, you have the right to be represented in this court-martial by Lieutenant Ahmed Bashir, your detailed defense counsel, or you may be represented by military counsel of your selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have Lieutenant Bashir, your detailed counsel, continue to help in your defense. Do you understand?"

Jen remained at attention. "Yes, sir."

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

"Yes, sir."

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

"No, sir."

"Who do you want to represent you?"

"I wish to be represented by my detailed defense counsel, Lieutenant Bashir, sir."

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

Commander Carr stood up and walked to face both the judge and the table where the members of the court sat. "The general nature of the charges in this case allege deliberate sabotage against a warship of the United States Navy, the USS Maury, which resulted in the murders of sixty-one officer and enlisted personnel of the United States Navy and extensive damage to US military property. The charges were preferred by Commander, United States Naval Space Forces, and forwarded with recommendations as to disposition to Commander, United States Space Forces." Commander Carr faced Judge McMasters. "Your honor, are you aware of any matter which may be a ground for challenge against you?"

"I'm aware of none."

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

Lieutenant Bashir stood yet again. "The defense has no challenge for cause against the military judge."

Judge McMasters leaned forward and looked at Jen. "Lieutenant Shen, do you understand that you have the right to be tried by a court-martial composed of members and that, if you are found guilty of any offense, those members would determine a sentence?"

"Yes, sir."

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

"Yes, sir."

"Have you discussed these choices with your counsel?"

"Yes, sir, I have."

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

Lieutenant Shen still hadn't moved, maintaining rigid attention. "By members, sir."

"Very well. The accused will now be arraigned."

Commander Carr looked toward the defense table. "All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?"

Jen moved for the first time, turning her head and nodding firmly to Lieutenant Bashir, who nodded back and addressed Commander Carr. "The accused wishes the charges to be read."

"Very well." Carr positioned her pad where she could easily read it. "Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, is charged with violations of the following articles of the Uniform Code of Military Justice."

"Article 107, False Official Statements. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, on board USS Maury CLE(S)-4, on or about 5 March 2101, with an intent to deceive, make to officers investigating the damage which had been suffered by the USS Maury, an official statement, to wit her knowledge of events onboard USS Maury, CLE(S)-4, the afternoon of 21 February 2101, which statement was false in that it failed to correctly state Lieutenant Shen's actual knowledge of and role in those events, and was then known by said Lieutenant Junior Grade Shen to be false."

"Article 108, Military Property of the United States- sale, loss, damage, destruction or wrongful disposition. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, onboard USS Maury, CLE(S)-4, on or about 21 February 2101, without proper authority, willfully damage and destroy by unknown means military property of the United States, to wit all equipment located within the engineering compartments onboard the USS Maury as well in surrounding compartments as enumerated below." Carr glanced up. "Does the defendant desire me to read through that enumeration?"

Paul saw Jen shake her head. He hadn't seen her expression change as the charges were read. Trying to look as professional as possible. That's good. Isn't it? Or will it make her look unmoved by the tragedy instead?

Commander Carr returned her gaze to the data pad. "Article 109, Property other than military property of the United States — waste spoilage or destruction. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, onboard USS Maury, CLE(S)-4, on or about 21 February 2101, willfully bring about the destruction of personal effects belonging to members of the crew of the USS Maury and then located within berthing compartments onboard the USS Maury which were substantially destroyed as a result of the destruction of equipment within the engineering compartments of the USS Maury.

"Article 110- Improper hazarding of a vessel. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, on or about 21 February 2101, onboard USS Maury, CLE(S)-4, willfully and wrongfully hazard the said vessel by bringing about by unknown means the destruction of equipment within the engineering compartments of the USS Maury, thereby leading to extensive internal and external damage and creating conditions in which the total loss of the ship could have occurred.

"Article 118 — Murder." Carr paused after the word, then went on speaking. "In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, on or about 21 February 2101, onboard USS Maury, CLE(S)-4, with premeditation, deliberately murder sixty-one officer and enlisted personnel of the USS Maury by bringing about by unknown means the destruction of equipment within the engineering compartments of the USS Maury." She paused again and once more looked up. "Does the defendant wish the list of victims to be read?"

Paul could see Jen's jaw twitching, but she shook her head steadily once again.

"Article 124 — Maiming. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, on or about 21 February 2101, onboard USS Maury, CLE(S)-4, maim by concussion and fragmentation effects eight surviving members of the crew of the USS Maury by bringing about by unknown means the destruction of equipment within the engineering compartments of the USS Maury." Another pause. "Does the defendant wish-?"

Jen was already shaking her head.

"Article 131 — Perjury. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, on or about 12 March 2101, onboard Benjamin Franklin Naval Station, in a statement under penalty of perjury pursuant to section 1746 of title 28, United States Code, willfully and corruptly subscribe a false statement material to the matter of inquiry, to wit her knowledge of the cause of the destruction of equipment within the engineering compartments of the USS Maury, CLE(S)-4, and which statement she did not then believe to be true.

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

Paul had never before noticed how the charges against a defendant seemed to roll out like vast weights, each one seeming to press down upon the courtroom and oppress everyone within it. He looked at Jen, realizing the weight of the charges had actually fallen upon her, and wondered how she'd been able to maintain her composure.

Judge McMasters looked at Jen Shen again. "Lieutenant Junior Grade Shen, how do you plead? Before receiving you pleas, I advise you that any motions to dismiss any charge or grant other relief should be made at this time."

Jen seemed uncertain for a moment, first facing the judge, then turning to face the members. "I plead not guilty to all charges and specifications." To Paul, her voice sounded stilted, and he realized how much difficulty she was having controlling it. He wondered how it sounded to others who didn't know her as well as he did.

"Very well," Judge McMasters noted. "Do you have an opening statement, Trial Counsel?"

"I do, your honor." Commander Carr studied her data unit, then for just a moment looked up toward Jen. Paul couldn't tell if in that moment she'd also looked at him. Then Carr faced the members of the court and began speaking unemotionally. "The prosecution intends to prove that on 21 February of this year, Lieutenant Junior Grade Shen deliberately and with malice sabotaged the engineering systems of her ship, the USS Maury, not only bringing about extensive damage to her ship, but also executing the premeditated murder of sixty-one of her shipmates, including every other member of the engineering department on the USS Maury, after ensuring for her own safety. Lieutenant Junior Grade Shen then lied about her role in the sabotage and murder, complicating and impeding the initial and official investigations into the cause of the awful events of 21 February. Lieutenant Junior Grade should be found guilty as to every charge and specification and brought to justice for the awful fate she visited upon her ship and the sailors who worked alongside her."

Commander Carr walked back to the trial counsel's table and sat down, resting her chin in her hands so her expression was half-hidden. Her eyes seemed hooded, though. Paul stared at her as an awful realization finally hit. Premeditated murder. That's not just a life sentence. That's a death penalty offense. And Jen's charged with sixty-one premeditated murders. Oh my God.

Paul hadn't noticed Lieutenant Bashir standing and making his own way to the area before the judge's bench. Now Bashir addressed the members as well. "The defense contends that Lieutenant Shen did not commit the acts with which she is charged. The cause or causes of the damage and death on the USS Maury remain unknown, but that in no way justifies trying to pin the blame for that horrible event on an officer who has repeatedly demonstrated her humanity and devotion to duty. An officer who, in the wake of the accident on the USS Maury, saved the lives of twenty-one enlisted personnel who looked to her for leadership in conditions of utmost peril. An officer whose loyalty, skill and dedication to duty has never before been questioned. Lieutenant Shen should be found innocent of these charges, because she is innocent, and because there is no evidence she played any role in the accident or the deaths which we all regret."

Lieutenant Bashir returned to his seat. Paul tried to focus fully on the court-room and not on his internal turmoil. The standard preliminaries for a court-martial were over and the actual trial fully beginning. The judge pointed his ceremonial gavel toward Commander Carr. "You may proceed, Trial Counsel."

"The United States calls as its first witness Rear Admiral Michael Hidalgo, United States Navy."

Rear Admiral Hidalgo marched to the witness stand, his uniform crisp, his manner confident. He watched closely as Commander Carr approached the witness stand and administered the oath. "Do you swear that the evidence you give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, so help you God?"

"I do."

"Are you Rear Admiral Michael Hidalgo, United States Navy, currently serving on the staff of the Commander, United States Navy Space Forces?"

"I am."

"Rear Admiral Hidalgo, what is your exact job title on the staff of the Commander, United States Navy Space Forces?"

"I'm the N4."

"What exactly does that mean?"

Hidalgo broke his gaze on Carr as he answered, looking around the court-room. "That's the staff code for engineering. I'm the senior engineering representative in the fleet."

"As such, are you regarded as an expert on the engineering systems onboard U.S. spacecraft?"

"I am."

"Are you familiar with the engineering systems on ships similar to the USS Maury?"

"Yes. Very familiar. I personally served as chief engineer on the USS Dahlgren, which is one the Maury 's sister ships."

"Sister ship meaning of the same class and design?"

"That's right."

"Were you involved in the investigation of the damage suffered by the USS Maury on 21 February?"

The rear admiral nodded, his expression clouding slightly. "I was. Yes. I was appointed to head that investigation by Admiral Yesenski."

"Admiral Yesenski being the Commander, United States Navy Space Forces."

"Yes. Sorry."

Commander Carr smiled politely. "No need to apologize, Admiral Hidalgo. Can you summarize the results of that investigation?"

"Yes." Hidalgo nodded several times. "In summary, we found that the USS Maury had suffered serious damage as a result of multiple, near-simultaneous explosions caused by overloading and catastrophic failure of most of the equipment within her engineering spaces."

"Were you able to determine what caused that to happen, sir?"

Hidalgo looked unhappy. "No. Too much damage had been suffered and too much evidence either completely destroyed or unrecoverable in space."

"Were you able to rule out any causes?"

"Yes. Absolutely. There wasn't any sign of a bomb or other explosive device. No chemical residue or anything like that. We also ruled out an accident."

Carr looked intrigued. "You ruled out an accident?"

Rear Admiral Hidalgo nodded vigorously this time. "Yes. The investigation confirmed that such an accident is physically impossible due to the many safety factors incorporated into the Maury 's engineering systems."

Commander Carr waited a moment for Hidalgo's statement to sink in, then gestured toward a diagram of the USS Maury which dominated the court-room display screen. "Admiral Hidalgo, as the senior engineering representative on the staff of the Commander, United States Navy Space Forces, had you ever personally inspected the engineering systems of the USS Maury?"

"Of course I had. I've personally inspected the engineering systems of every ship in the space fleet. That's part of my responsibilities."

"When was the last time you examined the engineering systems of the USS Maury prior to the damage she suffered?"

Hidalgo looked toward Jen for the first time. "A couple of days before the Maury got underway. I wanted to review the status of some major modifications she'd undergone. I met her entire compliment of engineering officers at that time and went over the engineering system in detail."

"Would you provide your assessment of the Maury 's engineering system at that time, two days prior to her getting underway?"

"Excellent. The Maury 'd just come out of an extended yard period. Everything looked great."

"Did Commander Juko, the chief engineer of the Maury, express any concerns to you at that time regarding the engineering system on the Maury?"

Hidalgo looked toward Jen again, who gazed back almost defiantly. "No, he did not."

Commander Carr begin pacing slowly back and forth in front of the witness stand as she spoke. "No problems, Rear Admiral Hidalgo?"

"No."

"Sir, you've summarized the conclusions of the official investigation into the damage suffered by the USS Maury. Do you know of any reasons, based upon your own expertise and experience as well as your familiarity with ships like the Maury, that would cause you to personally disagree in any way with the investigation's conclusions that the damage was sustained as a result of nearly simultaneous catastrophic overloads of the Maury 's engineering equipment?"

Hidalgo shook his head. "I do not. That's the only thing that could explain what happened."

Commander Carr stopped pacing, standing directly in front of the witness again. "Rear Admiral Hidalgo, you also say it isn't possible for such a thing to happen by accident."

"It isn't."

"Would you explain, sir?"

"Yes." Hidalgo leaned forward slightly, one hand coming up to emphasize his points with an extended forefinger. "It can't happen. Not by accident. There's too many safety interlocks. Circuit breakers. Automated control mechanisms. Software safeguards. Emergency shutdown systems. All of those things working individually and in concert are designed to prevent exactly that sort of disaster. There simply isn't any way they could've all failed at the same time in such a catastrophic fashion. Not by accident."

Carr nodded, then held up her data pad. "With the court's permission, trial counsel would like the enter the ship's engineering system manual for Mahan — Class Long-Endurance Cruisers into the record. It details every safety mechanism to which Rear Admiral Hidalgo has testified."

Judge McMasters nodded. "Enter the manual into the record."

Focusing on Rear Admiral Hidalgo once more, Carr took a step toward him. "Sir, you've testified based upon your expert knowledge that there is no possible way in which the engineering system of the USS Maury could've suffered accidental nearly simultaneously catastrophic failure of its components. How, then, would you explain what happened?"

Hidalgo licked his lips, looking at Jen for a third time and then looking away. "It had to have been done on purpose."

Carr once again paused for a long moment before speaking again, letting the phrase settle firmly into the minds of listeners. "On purpose. By sabotage, you mean?"

"If you want to call it that."

"Internal or external sabotage?"

"Internal. No question."

"A human agent on the Maury. Someone had to have done something to cause all those safety mechanisms to fail."

"Absolutely. They had to have done a lot of somethings! Override the software, mess with the physical safety interlocks like circuit breakers, cross connect some things that aren't supposed to cross connect. I don't know exactly how'd you do all that, but that's what'd have to happen."

"A lot of somethings, you said, sir. So a single act of carelessness, a single error, couldn't cause it."

"Absolutely not. You might lose a single piece of equipment that way, if everything else went wrong, but not damage on this scale."

Paul stared at Lieutenant Bashir, who was frowning down at the surface of the defense counsel's table. Object, you idiot. You're letting them point the whole thing straight at Jen. But Bashir said nothing.

"Rear Admiral Hidalgo, could you cause such a thing to happen?"

"Perhaps. I've never considered doing it, for obvious reasons, but I assume I could."

"Objection." Lieutenant Bashir finally stood, speaking clearly but without force. "Witness is making an assumption based not upon his expertise and experience but upon pure speculation."

Judge McMasters looked toward Carr, who spread her hands as if not comprehending the objection. "Your Honor, the witness is an expert on these systems. His informed judgment, whether based upon things he's actually done or things he has only considered in theory, is still expert."

Bashir shook his head. "Your Honor, I would argue that this speculation goes outside the witness' area of expert knowledge. By his own statement, he's never considered doing it. Perhaps Trial Counsel could ask the witness if he would be willing to swear that he unquestionably could do such a thing?"

McMasters looked at Carr. Carr looked at Hidalgo. Hidalgo scrunched up his face in thought. "I… think so."

The judge looked directly at Hidalgo. "The question, Admiral, is whether you would certify it definitely could be done by someone."

Hidalgo's mouth worked for a moment, then he nodded. "Yes. I would be willing to so certify."

"Then the objection is overruled. Continue your questioning of the witness, Trial Counsel."

Bashir sat down, his mouth a thin line.

Commander Carr faced Rear Admiral Hidalgo again. "You say it could only happen on purpose, sir. Would it be hard to do?"

Hidalgo nodded briskly. "Very hard."

"Complicated?"

"Absolutely. That's why I said it'd have to an internal agent. Everything would have to done just right. Or, just wrong, I guess I should say." Hidalgo started to smile, then looked guilty over making his joke.

"It would take an exceptionally competent and capable engineer to do such a thing?"

"Yes. Certainly. Someone who'd have to know that system cold."

"Would that someone also have to be well-trusted?"

"I'm not sure…"

"Trusted. Able to go pretty much anywhere in engineering and not have what they were doing checked out."

"Objection." Lieutenant Bashir gestured toward Rear Admiral Hidalgo again. "Your Honor, what is the basis for Trial Counsel's question? She's leading the witness."

McMasters frowned in thought, but looked over at the member's table as Captain Carney cleared his throat. "Judge, if I may, my personal opinion as someone who's held command is that knowing a system cold and being trusted are pretty much the same thing. One implies the other."

Lieutenant Bashir spoke with obvious care. "Your Honor, in this case, I would respectfully suggest that knowledge and character are two separate issues."

Carney frowned slightly despite Bashir's careful tone and phrasing.

Judge McMasters thought a moment longer, then shook his head. "No, I believe the argument presented by the captain is a sound one. These are two sides of the same coin. Objection overruled."

Bashir sat again. Paul couldn't read his disappointment from his expression, but he knew it had to be there. Not only did he get overruled, but the senior officer among the members stuck his nose in and got it a bit bent out of joint. Great.

"Thank you, your honor. Rear Admiral Hidalgo, should I repeat the question?"

"Uh, no. You asked if it would need someone who wouldn't be watched or have what they did checked, right? Well, of course. They'd have to do a lot of stuff they weren't supposed to do and not get caught."

"Thank you, Admiral." Commander Carr turned to face the defense table. "You've already testified that you met all of the engineering officers on the USS Maury prior to her last underway period. That included Lieutenant Junior Grade Shen?"

"Of course."

"What is your professional assessment of her as an engineer?" Bashir began to rise. "Based upon what you know," Carr added. Bashir frowned and sat down again.

This time, Hidalgo avoided looking toward Jen. "She seemed very capable."

"Did you, personally, see any reason to question her expertise as an engineering officer?"

"No."

"Would you say it was fair to describe Lieutenant Junior Grade Shen as being exceptionally competent and capable?"

"Objection." Lieutenant Bashir's word held more force this time. "Trial Counsel is putting words in the witness' mouth, and asking him to make an in-depth evaluation of an officer he met only briefly."

"Sustained." McMasters pointed his gavel at Commander Carr. "Let the witness answer questions in his own words."

"Yes, Your Honor. Thank you, Rear Admiral Hidalgo. I have no further questions at this time."

Lieutenant Bashir, still standing from his last objection, walked up to the witness. "Rear Admiral Hidalgo, hadn't the USS Maury recently had extensive changes made to her engineering system? Changes which rendered her engineering system unique?"

Hidalgo frowned. "Well… unique…"

"The Ship's Efficiency Engineering Regulator System. SEERS for short. It's brand new."

"That's true."

"How much experience do you have with SEERS-equipped engineering systems?"

"None! You said yourself, it's brand new. No one has experience with such systems in an operational environment."

Lieutenant Bashir frowned as if puzzled. "But, then, how you can be so certain of what that system would do under any and all circumstances? Isn't your expertise and experience with different engineering systems, sir?"

Hidalgo flushed slightly. "It's still basically the same. More so. SEERS was designed to reinforce and consolidate all those safety features. Everything I had to say about safety in an engineering system goes double for a ship with SEERS!"

Bashir paused. Even Paul could see he'd been thrown off by the force of Hidalgo's reply, but Bashir recovered quickly. "Admiral, you're a very experienced officer, but upon what experience do you base that assessment of ships equipped with SEERS?"

"On… on… tests prior to its acceptance into the fleet. We don't just plop equipment onto ships, Lieutenant. SEERS was extensively tested. That's part of the design and acquisition process. Test it over and over again. Make sure it does what its supposed to do and passes every test."

"But not in an 'operational environment.' Is that right, Admiral?"

"Well, yes. The Maury was the first ship with SEERS. That was the operational integration phase. But I've seen the background material on the system, Lieutenant! SEERS was certified to be ready for employment on warships. That may make it a bit unique but it doesn't make it one tiny bit less safe. Quite the contrary. There are people responsible for reviewing these things, for making sure something is ready for the fleet. They said SEERS was ready."

"Your honor." Commander Carr had stood and was gesturing toward Lieutenant Bashir. "Counsel for the defense is apparently attempting to argue that the SEERS on the USS Maury somehow represented an unknown modification to safety measures on the Maury 's engineering systems. But the defense has introduced no evidence to substantiate that line of questioning. Trial counsel objects to any attempt by the defense to make unsubstantiated claims regarding the safety or reliability of equipment which has been certified as ready for employment on ships of the U.S. Navy."

Judge McMasters nodded. "An excellent point, Commander. Lieutenant Bashir, if you want to pursue this line of questioning, you need to provide something to indicate it's anything other than pure speculation on your part. Are you prepared to do so?"

"Your honor, since the case against Lieutenant Shen rests on speculative modifications-"

"No, defense counsel. Do you have information substantiating your argument that SEERS could've altered the safety status of the Maury 's engineering systems?"

Lieutenant Bashir shook his head, his expression again grim. "No, your honor."

"Do you intend to call any expert witnesses to claim SEERS adversely affected the safety of the Maury 's engineering systems, or to otherwise counter Rear Admiral Hidalgo's statements?"

"No, your honor. Not at this time."

"Objection sustained."

Bashir consulted his data pad. "Rear Admiral Hidalgo, you testified previously that when you visited the USS Maury two days prior to her getting underway she had nothing wrong with her engineering system."

Hidalgo, who'd listened to Carr's objection and the judge's dressing down of Bashir with a smile, smiled again. "That's right."

"But the Maury had numerous casualty reports on file regarding her engineering systems. Fleet staff was an addee on those casualty reports."

Hidalgo's smile vanished. "Well, yes, routine CASREPs."

"Routine?"

"The usual stuff. Nothing ever works one hundred percent right one hundred percent of the time."

"But you testified there were 'no problems.' Your exact words, sir."

Hidalgo flushed again, deeper this time. "No significant problems."

"Fleet reporting requirements state that only significant problems with systems are to be reported via CASREP. Isn't that right, sir?"

A long pause, then Hidalgo nodded. "That's what the instruction says."

"Then the Maury 's engineering system wasn't in perfect shape when she got underway."

"No. Of course not. No engineering system is ever in perfect shape. But-"

"Thank you, sir. When you met with the chief engineer of the USS Maury, did he indicate in any way to you that he lacked confidence in Lieutenant Shen?"

"Objection. Hearsay."

"Your Honor, I am asking Admiral Hidalgo what the Maury 's chief engineer said to him."

A nod from the judge. "Objection overruled. You know what constitutes hearsay, Trial Counsel."

Bashir directed his attention back to Hidalgo. "Sir?"

"What was the question?"

"Did the chief engineer of the USS Maury communicate to you, in any way, any kind of misgivings regarding Lieutenant Shen?"

Admiral Hidalgo finally looked at Jen again. "No. He did not."

"Thank you, sir. No further questions."

Commander Carr came forward once again. "If it please the court, I'd like to redirect. Rear Admiral Hidalgo, did any of these casualty reports just referenced regarding the engineering systems on the Maury generate safety concerns?"

"No! I was going to tell the lieutenant that!"

"Then the fact that the Maury 's engineering systems weren't in perfect condition didn't mean they were unsafe."

"Of course not. That ship never would've left the dock if she were unsafe."

"Then would you say those casualty reports have no bearing on the issues we've discussed?"

"That's right! I…" Hidalgo glared at Bashir. "I'd never let a ship leave this station in an unsafe condition!"

"Thank you, Admiral."

Paul had to resist an urge to bury his face in his hands. Hidalgo's last statement was bound to play well with the members of the court. Did Bashir screw this up or was there no way to get anything good for Jen out of this witness? I don't know. But it went badly for Jen.

Judge McMasters gestured toward Captain Carney. "Do the members of the court have any questions for this witness?"

Lieutenant Ishiki looked as if he might be preparing to speak, but Captain Carney looked at him and Ishiki subsided. Carney was shaking his head when Commander Bolton spoke up.

"Excuse me, Captain. Admiral Hidalgo, I'm not an engineering expert. I do know there's always some degree of uncertainty in any engineering process. Some level of concern. As you yourself said, no engineering system is ever in perfect shape. But you say it's still possible to rule out any accidental cause for what happened to the Maury 's engineering system?"

Hidalgo nodded firmly. "Yes, Commander. It's more than possible. It's the only possible conclusion. Every sub-system in engineering has safety interlocks, both physical and virtual. They all have been extensively tested to absolutely minimize any chance of the sort of overload that causes explosive failure. But, yes, that doesn't mean it's absolutely impossible for one piece of equipment to have that happen. But every piece of equipment? Every sub-system? Nearly simultaneously? The odds of that are so very, very tiny that only the word impossible fits."

Bolton nodded, looking impressed. "Thank you, Admiral."

Carney took another look at the members. "Nothing else. Right?" It was much a command to the more junior members of the court as it was a question. "Fine. Thank you, sir."

Judge McMasters turned toward the witness stand. "Rear Admiral Hidalgo, 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."

"Absolutely." Rear Hidalgo stood and marched back down the aisle.

Paul watched him go, then focused back on Captain Carney. He's obviously planning on running a tight ship. How much does he have the other officers on the court intimidated? Will he be able to keep them from asking anything Carney doesn't want them to ask?