Burden of Proof (36 page)

"Yes, ma'am, I did."

"Has anything uncovered since that time caused you to question that recommendation?"

"No, ma'am."

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

Judge Halstead looked at Commander Jones. "Redirect, counsel?"

"No, Your Honor. No further questions."

"Members?"

Captain Mashiko gave Sharpe a long, appraising look. "Petty Officer Sharpe, could you work with Lieutenant Silver?"

"I beg the captain's pardon, sir?"

"Could you work with Lieutenant Silver? Assume he's exonerated by this court. Assume you end up his subordinate."

Sharpe didn't bother hiding his reaction to the question, but he replied in an unemotional voice. "Sir, I wouldn't be happy, but I'd do my job."

"Even though you believe Lieutenant Silver committed multiple violations of the Uniform Code and caused the death of a friend of yours?"

Sharpe's jaw twitched. "Yes, sir."

"But you'd keep on looking for evidence against him, wouldn't you? Even if he'd been acquitted."

"Sir, if new evidence came to light regarding a violation of the Uniform Code of Military Justice, I would bring it to the attention of proper authority. That's also my job, sir."

Captain Mashiko smiled. "Thank you, Petty Officer Sharpe. No more questions here."

Judge Halstead excused Sharpe, then nodded to Commander Jones. "Counsel for the defense, call your next witness, please."

"The defense rests, your honor."

Commander Carr looked toward the defense table, her expression guarded. Paul followed her gaze, seeing Lieutenant Silver sitting erect, his expression conveying calm confidence.

Judge Halstead nodded in acknowledgement. "Lieutenant Commander Jones, will Lieutenant Silver be availing himself of pre- or post-Gadsden trial procedure?"

"Post-Gadsden, your honor."

"Very well. The court-martial is closed, and will reconvene at 1300 in this courtroom for Lieutenant Silver's statement, followed by closing arguments."

Everyone came to attention once again as Judge Halstead and the members paraded from the courtroom. After the bailiff called out, "carry on," Paul took a step closer to Commander Carr. "I guess Lieutenant Silver's making a statement."

Carr glanced disdainfully toward the defense table. "Apparently so. I'll give you twenty-to-one odds it's an unsworn statement."

"Ma'am, I wouldn't take that bet at two-hundred-to-one odds. Why did the defense call so few witnesses?"

Commander Carr sighed. "Because he managed to make most of his points about the evidence while cross-examining my witnesses. That couldn't be helped. A circumstantial case has some inherent weaknesses, and Commander Jones is smart enough to exploit them. I hope you'll excuse me now. I need to work on my summation."

Paul backed hastily away. "Yes, ma'am. I'm sorry, ma'am."

She smiled again. "Lieutenant Sinclair, I'm not one of your space warfare officers. I don't bite."

"Captain Shen might have a different opinion about that, ma'am."

Her smile widened. "I love it when I nail a defense witness that way. Later, Paul."

"Yes, ma'am."

Paul came out of the courtroom once again expecting to eat alone, but this time Kris Denaldo and Randy Diego were waiting for him. "Mike Bristol wanted to be here, too, but he figured since he's a witness . . ."

Paul nodded. "Yeah. Just as well to avoid any implication of impropriety."

Kris grinned. "You talk more like a lawyer every day."

"That's not funny."

"Have you got time for lunch at Fogarty's?"

Paul checked the time, then nodded. "Yup. Judges take long lunch breaks."

"Nice work if you can get it."

"They also have to work with lawyers every day."

"Good point."

They were seated before Randy Diego spoke. "We watched some of the, uh, testimony this morning."

Paul glanced at him in surprise. "I'm sorry. I didn't notice you'd come in to the courtroom."

Kris Denaldo laughed. "Maybe because you're tracking the lawyers as if you were a target acquisition system? You're watching everything up there like a Mark 186 on full-spectrum scan."

"Yeah," Randy Diego agreed. "What was all that stuff? I couldn't figure out what they were doing."

Paul took a drink. "Basically, the defense was trying to imply I was at least partly at fault."

"You? They never said your name."

"They got it yesterday. But my name isn't the issue. The whole point of the defense is to throw up doubt that Scott Silver is solely responsible for what happened, and to point out the limitations of the evidence the prosecution has been able to accumulate."

Kris nodded. "That Captain Shen looks like a real tough bastard. No wonder Jen's got some hard edges."

"Yeah. Hey, that's my lady you're talking about."

"I roomed with her, Mr. Sinclair. Care to stop by and take a look at the dents still in lockers that she punched during fits of frustration?"

"No, thanks." Paul frowned down at his lunch for a moment. "I've been wondering. Jen's dad is hard as nails, but she comes back at him head-to-head. She doesn't surrender. But Silver . . . his dad's Vice Admiral Silver. Everything I've heard about him indicates he's as tough as Captain Shen. Maybe even tougher."

"So?"

"So maybe this acting stuff and responsibility avoidance is how Scott Silver chose to handle his father while he was growing up. Throwing up a false front to make it look like he was doing what his father wanted. Maybe he never wanted to be in the Navy, but he wouldn't confront his dad on the issue. Instead, he went in and didn't exactly dedicate himself to the job. But he made people with authority over him think he was dedicated."

"Like he did with his dad? Maybe that's true. I know some people who went into the service because their parents expected it. But none of them were screw-ups. They maybe wanted out as soon as their service commitment was up, but they didn't play pretend at being officers."

"You're right."

"You're not trying to say you're sympathetic to Silver, are you?"

Paul laughed. "No way. I'm trying to understand him. Why'd he do what he did? That's not the same as feeling he shouldn't get what he deserves."

Randy Diego swallowed a bite. "Then you're sure Silver's guilty?"

Paul hesitated just a moment. "Yeah. I'm sure. I just hope the members of the court feel the same way when all's said and done."

"What's the worst they can do to him?"

"I think the worst he could get is about ten or fifteen years in prison and dismissal from the service. The suggested punishments for each violation of the Uniform Code aren't hard and fast, though."

"Dismissal from the service?"

"Yeah. That's what they call it for an officer. It's like a bad conduct discharge or dishonorable discharge for an enlisted."

"Wow." Randy Diego contemplated his food for a moment. "Do you think he'll get that?"

"I hope he will."

Kris Denaldo cocked one eyebrow. "Wow. Paul Sinclair, thirsting after blood."

"I don't want revenge, Kris. I want justice."

"Are you sure you know what justice is?"

"In this case? As sure I've ever been. But it's the responsibility of the members of the court to do their best in figuring that out, and I don't know what their definition of justice will be."

Kris nodded slowly. "I don't envy them."

The crowd of observers in the court room had grown a little larger by the time Paul returned from lunch. A lieutenant occupying the seat Paul had been using glared a challenge at him, then hastily vacated the seat as Commander Carr turned her own displeasure his way.

Paul waited, trying not to look nervous.
The worst is over. I'm not being called as a witness. Depending on how long Scott Silver's statement is, and how long summations by the prosecution and defense run, this could be over in less than a hour. Then it'll just depend on how long the members need to make up their minds on a verdict
.

Two days, and one morning, I guess. That seems like such a short time to decide someone's fate. But then, Chief Asher had only a fraction of a second before his fate was decided. Scott Silver has nothing to complain about
.

"The court-martial will come to order." Judge Halstead looked toward the defense table. "Lieutenant Silver still desires to make a statement prior to the final arguments?"

Commander Jones stood. "He does, Your Honor."

"Very well. Lieutenant Silver, you have the right to make a statement. Included in your right to present evidence are the rights you have to testify under oath, to make an unsworn statement, or to remain silent. If you testify, you may be cross-examined by the trial counsel or questioned by me and the members. If you decide to make an unsworn statement you may not be cross-examined by trial counsel or questioned by me or the members. You may make an unsworn statement orally or in writing, personally, or through your counsel, or you may use a combination of these ways. If you decide to exercise your right to remain silent, that cannot be held against you in any way. Do you understand your rights?"

Lieutenant Silver stood as well, his movements crisp and professional, his face as determined as that of a model from a recruiting-poster. "Yes, I understand, Your Honor."

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

"To make an unsworn statement, orally, and in person, Your Honor."

"Then, Lieutenant Silver, take the witness stand and proceed."

Lieutenant Silver walked steadily to the witness stand. Before sitting down, he looked from the defense table, to the trial counsel table, to the members' table, his gaze clear and confident. He sat, appeared to gather his thoughts, then began speaking. "Members of the court, Your Honor, I wish to offer a firm denial to every charge made against me."

Silver's jaw jutted slightly as he raised it a bit, his pose now almost heroic. "I admit to some errors in judgment. I was new to my job, new to my ship, in the same sort of situation I know you've found yourselves in many times. I chose to concentrate on learning that ship, learning my professional duties aboard her, before concentrating on my duties as main propulsion assistant. In retrospect, this was a mistake, as it created the false impression that I didn't take my primary duty seriously."

Paul barely avoided showing his reaction to Silver's words.
That incredible slimeball. He wasn't concentrating on any duties, as I knew all too well from having to stand watch with the worthless no-load. But boy does he sound sincere
. Paul looked toward the members' table. None of them were showing any reaction to Lieutenant Silver's speech.
Don't fall for it. Please don't fall for it
.

"Yes, I fell behind in one area of my work as main propulsion assistant. One area! With so much else to learn, I put off handling official correspondence for a while. I regret that. But that is not a crime, or else every officer who ever fell behind a little in one aspect of their work is also guilty of such an offense."

"I never heard of the problem with the power transit junction until informed the unit had failed on Friday, 18 September."

Paul took a quick look toward the members again.
Did they notice Silver got the name of the equipment wrong? That's a small but telling error
.

"I was startled and upset. Who wouldn't be? I'd been let down by my leading chief petty officer. It happens sometimes. I knew that. But I hadn't expected it because Chief Asher appeared to be a capable sailor."

Oh, man, it's a good thing Sheriff Sharpe isn't listening to this. Or any chief from the
Michaelson
. They'd probably jump the gate and break Silver's jaw
.

"What did I do? I endeavored to solve the problem as quickly as possible. If I'd had to involve my department head and my commanding officer, I would certainly have done so. But by using initiative and acting calmly, I was able to acquire the needed spare in the nick of time." Lieutenant Silver paused, nodding toward everyone in the courtroom. "That's what a good officer is supposed to do. I didn't and don't ask for praise for doing that. I didn't even tell anyone because whoever got credit for fixing that equipment wasn't important. Getting it fixed was what counted. Then I made another mistake."

Silver drew in a deep breath, his expression now bearing a shade of sorrow. "I entrusted the spare to Chief Asher on Saturday morning. How was I to know he'd try to install it single-handedly? I can understand why the chief didn't want his own lapse to be widely know, but I never guessed he'd take that kind of risk."

Paul noticed Commander Carr's hands. They were gripping a light metal rod so tightly the fingers were white, and the rod was slowly bending under the pressure.
You and me both, Commander Carr. Right now I'm wishing the stuff Silver's accused of carried the death penalty
.

Lieutenant Silver shook his head. "Apparently, Chief Asher chose to do so. Don't ask me how he got multiple authorization codes. I'm certain he didn't have mine. If only the engineering logs hadn't been damaged, they'd prove this."

"I agree as well that I should have been more forthcoming with Captain Hayes, but the night of 19 September I had no idea of what Chief Asher had attempted. It never occurred to me to link the problem with the power transformer to the explosion and subsequent fire. Once I began to realize what might have happened, it rattled me. I admit that. My concern for Chief Asher caused me to provide an inadequate report to my commanding officer that night. Not deliberately, but out of distress engendered by concern for my personnel."

"As to the other charges, I took care of my equipment. The equipment losses in Forward Engineering are tragic, but nowhere near as tragic as the loss of Chief Asher. I don't know what drove him to his actions, but I do regret them. To fault me for those actions and their consequences is not only unfair, but would set a dangerous precedent for every other officer whose equipment was damaged or lost due to unforeseen events."

"I did not damage the information in the ship's engineering logs! I don't even possess the necessary software to do that. Did those who searched my stateroom find such software? No. Do they have any evidence I was the one responsible for the damage to those logs? No. Ask them. They know what I say is true."