Burden of Proof (27 page)

"Yes, ma'am."

"If any of the testimony makes you think of something you think I should know, tell me at the first opportunity."

"Yes, ma'am."

"Now relax."

"Yes, ma'am."

Alex Carr grinned again and walked up the aisle and over to the trial counsel table. Paul followed, taking a seat where she'd instructed. Lieutenant Commander Jones came in, placing some items on the defense table, then crossing to talk briefly with Commander Carr. He gave Paul a dispassionate glance as he turned to leave the room again.

An enlisted legal assistant bustled around, making sure the member's table and the judge's bench had cold water, data pads for note taking, and were otherwise arranged just right. Spectators began arriving, scattering themselves around the available chairs. Paul glanced around a few times, trying to discern whether the spectators were there to support Silver or in hope of a conviction, but nothing in anyone's bearing gave their desires away.
The one thing I do know is that Vice Admiral Silver won't be making an appearance. That'd be such an obviously prejudicial move, something that would surely influence the members of the court, that he couldn't do it without causing a mistrial. It must be hard, or humbling, for a vice admiral to realize he can't even watch his son's court-martial
.

Lieutenant Commander Jones reentered, this time with Lieutenant Silver. Scott Silver walked without the jauntiness Paul had grown accustomed to seeing on the
Michaelson
, but he still had a hint of smile.
He'd better drop that real fast. A face like that'll make the members vote him guilty the minute they see him
.

The court bailiff came in, taking position in the front of the court and holding up one hand for attention. "I will announce 'all rise' when the military judge enters, and everyone is to rise. The military judge will instruct everyone to be seated. The judge will direct me to summon the members of the court, at which point everyone should rise again. The military judge will inform you when to be seated after that. Are there any questions?" After waiting a moment, the bailiff went to one of the back doors, opened it a bit and spoke to someone inside before returning to the area near the judge's bench. "All rise."

Paul came to attention automatically, only his eyes moving as Captain David "Hang 'em" Halstead entered. Halstead paused to examine the court room, then walked to the judge's bench and took his seat. "This Article 39 (A) session is called to order. You may be seated."

One thing about a military court, Paul reflected, is that when someone ordered you to stand or sit, everybody did it quickly.

Commander Carr stood, her back erect, somehow looking taller than her height should have permitted, and addressed Judge Halstead. "The court-martial is convened by general court-martial convening order 0320, 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 12 October 2100. The accused and the following persons detailed to the court-martial are present: Captain Mashiko, Commander Juarez, Commander Herdez, Lieutenant Commander Bryko, Lieutenant Commander Goldberg, Commander Carr, Lieutenant Commander Jones."

"Very well. Bailiff, the members of the court-martial may enter."

After passing on the message to those behind the other back door to the room, the bailiff called out, "All rise."

With Captain Mashiko in the lead, the five officers entered. Captain Mashiko took the center of the five seats at the members' table, with the other officers taking seats to either side in decreasing order of seniority. As Commander Herdez took her seat, her eyes swept the court, lingering for just a moment on Paul. A fractional nod acknowledged Paul's presence, then Herdez's attention turned fully toward the judge.

When they were all seated, Captain Mashiko nodded to Judge Halstead. "We're ready, your honor."

"Thank you. Everyone may be seated. Trial counsel, continue."

Commander Carr stood 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."

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

Paul listened to the declarations, remembering when he'd last heard them. Much of what the lawyers and judge would say to open the court-martial was written in stone, or at least in the Manual for Courts-Martial, to ensure every legal nicety had been observed. For some reason, this seemed to give the stately formality of the announcements extra weight.

Judge Halstead looked toward the defense table. "Lieutenant Scott Silver, you have the right to be represented in this court-martial by Lieutenant Commander Jones, your detailed defense counsel, or you may be represented by military counsel of your selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have Lieutenant Commander Jones, your detailed counsel, continue to help in your defense. Do you understand?"

Lieutenant Silver nodded firmly, his expression now studiously serious. "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 Lieutenant Commander Jones, 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 left her table, walking briskly to take up a position where she faced both the judge and the members' table. "The general nature of the charges in this case allege culpable negligence which resulted in the death of an enlisted member of the United States Navy and extensive damage to US military property, and subsequent criminal acts to cover up responsibility for this death and damage. 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 Halstead. "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."

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

Halstead focused on the defense table. "Lieutenant Silver, 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 Silver looked confidently toward the members' table. "By members, sir."

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

Commander Carr held up her data pad. "All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?"

Jones looked at Lieutenant Silver and whispered something. Silver's lips twitched in a smile and he nodded. "The accused wishes the charges to be read."

"Very well." Carr positioned her pad where she could easily read it. "Lieutenant Scott Silver is charged with violations of the following articles of the Uniform Code of Military Justice.

"Article 92, Dereliction in the Performance of Duties. In that Lieutenant Scott Silver, United States Navy, who should have known of his duties onboard USS
Michaelson
, CLE(S)-3, from about 20 August 2100 to about 19 September 2100 was derelict in the performance of those duties in that he negligently failed to ensure the proper operation and maintenance of equipment under his area of responsibility as Main Propulsion Officer.

"Article 107, False Official Statements. In that Lieutenant Scott Silver, United States Navy, did, on board USS
Michaelson
CLE(S)-3, on or about 19 September 2100, with an intent to deceive, make to Captain Richard Hayes, United States Navy, his commanding officer, an official statement, to wit his knowledge of events onboard USS
Michaelson
, CLE(S)-3, the evening of 19 September 2100, which statement was false in that it failed to correctly state Lieutenant Silver's actual knowledge of and role in those events, and was then known by said Lieutenant Silver to be false.

"Article 108, Military Property of the United States - sale, loss, damage, destruction or wrongful disposition. Specification One. In that Lieutenant Scott Silver, United States Navy, did, onboard USS
Michaelson
, CLE(S)-3, on or about 19 September 2100, without proper authority, willfully damage and destroy by ordering actions contrary to established safety procedures and regulations, military property of the United States, to wit all equipment located within the Forward Engineering compartment. Specification Two. In that Lieutenant Scott Silver, United States Navy, did, onboard USS
Michaelson
, CLE(S)-3, on or about 19 September 2100, without proper authority, willfully damage and destroy by use of unauthorized software the records contained within the engineering logs of the ship.

"Article 110, Improper Hazarding of a Vessel. In that Lieutenant Scott Silver, United States Navy, did, on or about 19 September 2100, while serving as command duty officer and main propulsion assistant onboard USS
Michaelson
, CLE(S)-3, willfully and wrongfully hazard the said vessel by ordering a subordinate to take actions contrary to established safety procedures and regulations.

"Article 119, Manslaughter. In that Lieutenant Scott Silver, United States Navy, did, onboard USS
Michaelson
, CLE(S)-3, on or about 19 September 2100, by culpable negligence, unlawfully kill Chief Petty Officer Vladimir Asher by ordering him to undertake single-handedly repairs of the power transfer junction in the Forward Engineering compartment in culpable disregard for the foreseeable consequences to others of that act.

"Article 131, Perjury. In that Lieutenant Scott Silver, United States Navy, did, onboard USS
Michaelson
, CLE(S)-3, on or about 23 September 2100, 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 the cause of the death of Chief Petty Officer Vladimir Asher and associated explosion and fire in the Forward Engineering compartment, which statement was false in that it did not reveal Lieutenant Silver's knowledge of Chief Asher's purpose in Forward Engineering nor Lieutenant Silver's orders to Chief Asher which directly led to the accident, and which statement he 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's eyes had been fixed on Commander Carr as she spoke, but now he swiftly shifted his gaze to the defense table. Lieutenant Silver was standing at attention, his expression that of a man enduring assaults on his character with dignity.
I have to give Silver credit. He's good. I bet that's why he asked the charges to be read, so he could act noble and aggrieved while listening to them
.

Judge Halstead looked at Silver as well. "Lieutenant Silver, 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."

Lieutenant Commander Jones answered instead of Silver. "Your Honor, the defense moves that all charges and specifications be dismissed in light of the lack of evidence directly implicating Lieutenant Silver as being guilty of any of the offenses listed."

"The motion is denied. The purpose of this proceeding is to determine whether the evidence the government has compiled is sufficient to prove the charges brought against Lieutenant Silver. Do you have any further motions?"

"No, Your Honor."

Lieutenant Silver faced the members rather than the judge. "I plead not guilty to all charges and specifications."

Halstead nodded. "Very well. Does the prosecution have an opening statement?"

"Yes, Your Honor." Commander Carr also faced the members now. "The prosecution intends to demonstrate that Lieutenant Silver exercised negligence in his duties as main propulsion assistant, which caused the failure of a critical piece of equipment in Forward Engineering on the USS
Michaelson
. As a result of this, and in an attempt to conceal his negligence, Lieutenant Silver personally obtained a necessary spare and ordered Chief Petty Officer Asher to install single-handedly that spare on Saturday, 19 September 2100. In order to do so, Lieutenant Silver ordered Chief Asher to disable safety interlocks which further disabled the fire suppression systems in Forward Engineering, assisting Chief Asher in this by providing an officer's authorization. Following the explosion and fire that resulted in Chief Asher's death and extensive damage to the ship, Lieutenant Silver lied to his commanding officer about his knowledge of and role in the events. Lieutenant Silver then used software to destroy the records in the USS
Michaelson
's engineering logs which would have documented his role in the explosion, fire and death of Chief Asher, then subsequently swore to a false statement during a formal investigation of the accident. Lieutenant Silver should be found guilty as to all charges and specifications, for his culpable negligence which led to the death of a sailor under his command, for his lying to his commanding officer, for the destruction of government property engineered by him, and for his perjury during the investigation of the accident."