Rule of Evidence (24 page)

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.