Rule of Evidence (28 page)

"'Teething troubles?' Nothing Commander Juko or you regarded as too serious, then?"

"No. I would not have taken my ship out of Franklin if either I or Commander Juko had safety concerns regarding the ship."

"Then you received no warning whatsoever prior to the destruction of the
Maury
's engineering systems?"

Captain Halis bent her head in thought, then shook it. "No."

"No alarms sounded. No warnings delivered. Just sudden destruction."

Halis closed her eyes for a moment. "Yes."

"Did Commander Juko tell you he had sent Lieutenant Junior Grade Shen to another part of the ship?"

Halis' jaw worked for a moment before she replied. "No. He did not. But that was not necessarily a matter he would've brought to my attention."

Commander Carr took a step closer but remained in a respectful pose. "Let me clarify that issue if I may, Captain. One of the engineering officers left the engineering compartments allegedly to personally investigate a piece of equipment. Had you received any reports of engineering equipment in the after portion of the ship malfunctioning in a fashion that would apparently require an officer's attention?"

Another pause. "No."

"Commander Juko did not inform you of any unusual concerns regarding the after power coupling on the USS
Maury
?"

"No. He did not."

"How long had you been Commander Juko's commanding officer?"

"Commander Juko served as my chief engineer for seven months."

"In that time, is it your opinion that he kept you, as commanding officer, well informed of engineering issues?"

"Yes."

"Did you ever feel that Commander Juko had failed to inform you of any significant problems?"

"No."

"Ma'am, did you ever personally discover that Commander Juko had actually failed to inform you of any significant engineering problems?"

"No."

Commander Carr turned and took a few steps to one side so that Captain Halis was now looking toward both her and the members of the court. "After the explosions, when you discovered that Lieutenant Junior Grade Shen was still alive in the after part of the ship, what was your first thought?"

Halis' eyes moved away from Carr and settled on Jen. "Relief. One officer and twenty-one enlisted personnel I'd thought dead were in fact alive."

"Were you surprised to learn Lieutenant Junior Grade Shen had been in the after part of the ship when the engineering compartments exploded?"

Halis visibly bit her lip. "Yes. I was." She looked back at Jen. "Pleasantly surprised."

"Did you wonder why she'd been there? Safe from the destruction visited upon the other members of her department?"

"Objection!" Bashir looked as heated as Paul had seen him. "Your honor, Trial Counsel's last sentence is inflammatory, leading and improper. She is attempting to prejudice the witness and the members of the court against the defendant by implying misconduct
which has not been proven
."

Commander Carr stared stolidly back at Lieutenant Bashir. "Your honor, my job as trial counsel is to prove misconduct over the course of this proceeding. I am doing so."

McMasters shook his head. "That went over the line, Commander. Objection sustained. The last sentence spoken by trial counsel is to be stricken from the record and disregarded by the members of the court."

Bashir sat down, no signs of celebration evident even though his objection had been sustained. Paul looked at the members of the court and realized why.
No matter what the judge says, the members of the court heard that and they'll remember it. As if Captain Carney needed that extra dig at Jen to make up his mind. But the others might still be swayed by statements like that. I sure wish Alex Carr was defending Jen instead of prosecuting her
.

Commander Carr bent her head in brief acknowledgment of the judge's rebuke. "Yes, Your Honor. I will restate the question prior to that statement. Captain Halis, when you discovered Lieutenant Junior Grade Shen had been in the after portion of the ship, did you wonder why she'd been there?"

Halis slowly nodded. "Yes. Only for a fraction of a second. I had other things to worry about."

"I understand, Captain. But you did wonder?"

"Yes."

"Because you knew of no reason why she'd have been there instead of at her duty station in engineering?"

Captain Halis stared stolidly ahead for a moment before answering. "Yes."

"If I may summarize your testimony, then, Captain Halis, you had no indications prior to the destruction of engineering on the USS
Maury
of any problems, and had received no notification of any problems specifically in the after part of the ship which required special attention. Is that an accurate summation?"

The captain chewed her lip for a moment before answering. "Yes."

Commander Carr indicated her data unit. "I have here the performance reports prepared by Commander Juko and signed by you regarding Lieutenant Junior Grade Shen. They're very impressive."

Paul was certain a trace of wariness had appeared in Halis' eyes as she nodded. "Lieutenant Shen is an impressive officer."

Carr nodded. "In fact, one the performance reports you signed state that Lieutenant Junior Grade Shen is quote an exceptionally capable and competent engineering officer unquote. The performance reports also state quote I believe there is no engineering task which I could set to Lieutenant Junior Grade Shen which she would be incapable of mastering unquote."

Paul tried not to wince.
I remember that wording. That's what Carr got Rear Admiral Hidalgo to say would be needed to sabotage a ship's engineering systems
. He could see the side of Jen's face as she watched Captain Halis.
What are you thinking, Jen? That being good at your job isn't supposed to be a bad thing
?

Captain Halis, unaware of Rear Admiral Hidalgo's earlier testimony, nodded. "I can't recall off-hand the exact wording, but that sounds like the sort of assessment I would've made of Lieutenant Shen, yes."

Commander Carr leaned a little closer. "You believe, based on your judgment as her commanding officer, that Lieutenant Junior Grade Shen could do anything in engineering which she set her mind to."

"Objection." Lieutenant Bashir waved both his hands, palms down, at chest level. "Trial counsel is seeking to lead the witness, to put words in her mouth, and to reformulate the witness' statements in a prejudicial fashion."

Carr spread her own hands out. "Your Honor, I am merely attempting to accurately summarize Captain Halis' own assessments."

Judge McMasters shook his head. "Let Captain Halis summarize her assessments, Commander. Objection sustained."

"I have no more questions at this time, your honor."

Paul watched Commander Carr return to her seat.
Damn. They're turning Jen's skills as an officer against her. Just like when they put her in pre-trial confinement. How do you fight charges that claim you're so good you can do anything? It's not like Jen can plausibly argue that she's incompetent
.

Lieutenant Bashir approached the witness stand with even more deference than Commander Carr had. "Captain Halis, these 'teething troubles' you mentioned with the engineering systems. Did they concern you or Commander Juko at all, ma'am?"

"Yes, obviously, or he never would've mentioned them to me."

"So they weren't regarded as imminently unsafe, but were a concern?"

"Yes. That's correct."

"Captain Halis, the court has been told that the engineering systems on your ship were designed so that near-simultaneous catastrophic failures were impossible. But your ship had received extensive engineering modifications recently. Did Commander Juko indicate to you that these engineering modifications had caused any unusual problems?"

Paul could see Commander Carr watching Captain Halis intently as the captain pondered her answer.

Finally, Halis nodded. "Yes. Commander Juko specifically told me the SEERS was giving him some headaches."

"That's what he said, ma'am?"

"Yes. He said it was giving him headaches. I remember that exactly because he told it to me on at least two occasions."

"Did he specify the nature of these 'headaches'?"

"No. Lots of little things. That all he said."

"Did Commander Juko routinely inform you of his orders to the other officers in engineering?'

Captain Halis shook her head firmly. "No. Of course not."

"If he sent an officer to carry out some task, he wouldn't inform you?"

"No. I don't micromanage my junior officers, Lieutenant."

"Thank you, Captain Halis. So is it fair to say that there's absolutely nothing unusual or uncharacteristic about Lieutenant Shen having been ordered to go aft and you not being specifically informed of that tasking?"

"Objection." Commander Carr gestured toward the defense table. "It has not been established that Lieutenant Junior Grade Shen in fact received such an order."

Bashir looked toward McMasters and read the Judge's answer before it could be spoken. "I will rephrase my question, Your Honor. Captain Halis, is it fair to say there would be nothing unusual or uncharacteristic if Lieutenant Shen had received such an order and you had not been specifically informed?"

Halis nodded. "That is absolutely correct, Lieutenant. It would've been unusual if I
had
been specifically informed."

Lieutenant Bashir turned slightly and pointed at Jen. "Captain, do have any reason to believe Lieutenant Shen deliberately caused your ship's engineering equipment to fail catastrophically?"

"No. I do not."

"Do you believe Lieutenant Shen would purposely plot and execute the murder of her shipmates?"

"No. I do not."

"Do you know of any reason she would do such a thing?"

"No. I do not."

"Thank you, Captain Halis."

Commander Carr stood again but remained at the trial counsel's table. "Captain Halis, did Commander Juko ever tell you that the 'teething troubles' with engineering in the wake of the yard period constituted any kind of threat to the ship?"

Halis, her expression now openly grim, shook her head. "No."

"Do you have confidence that Commander Juko would've told you of any specific concerns regarding the safety of his equipment?"

"Yes, I do."

"Ma'am, would your Chief Engineer, Commander Juko, have characterized any problems he believed serious enough to lead to loss of life and damage to the USS
Maury
as 'a lot of little things?'"

Halis glanced at Jen, then shook her head. "No."

"In your opinion and based upon your experience with Commander Juko, would he have informed you of any equipment problems in the after portion of the ship which he regarded as unusually dangerous?"

"Yes." Captain Halis' face worked for a moment. "Commander Juko was a good man."

Commander Carr nodded several times, slowly. "Yes, Captain Halis. Captain, I believe it's fair to assume you were well acquainted with all your officers?"

"I know, or knew, them, yes."

"But not intimately. Would you say you knew all their personal secrets?"

"Of course not."

"Would you say you knew every factor that motivated every officer under your command?"

Halis laughed briefly. "I'm not God, Commander. The Navy may seem to give me that degree of power over my ship and crew, but I can't read minds."
Commander Carr nodded, turning away before speaking again. "Then you couldn't say you knew the reasons for every action of your officers, everything that might cause them to take an action."

"
No
," Captain Halis replied. "But that doesn't mean I'm incapable of judging the sorts of actions they will take. And the sorts of actions they would
not
take."

Carr nodded again. "Thank you, again, Captain." She returned to the trial counsel table.

Captain Carney leaned forward, placing his elbows on the table before him. "Captain Halis, you and your ship have been through hell. So let's cut to the bottom line, please. Do you think Lieutenant Junior Grade Shen was responsible for what happened to your ship?"

Halis shook her head firmly. "No. I do not."

"Do you have any other explanation for what happened to your ship? I mean, another specific explanation that might explain what happened?"

Captain Halis hesitated, then shook her head with visible reluctance. "No."

Captain Carney looked to either side. "Any other questions? No," he answered without pausing to see if the other members in fact had any. Carney focused back on Captain Halis. "My I express my personal condolences for the loss of so many of your crew, Captain."

"Thank you, Captain."

"One more question, Captain Halis. Is there anything you would've done differently, knowing what you know now?"

Captain Halis finally showed a flash of emotion, raw pain which quickly vanished again. "I have asked myself that very question many times, Captain. I haven't thought of any answers."

"Would you let Lieutenant Junior Grade Shen serve under you again? In your engineering department?"

Paul held his breath.
That's two more questions, Captain Carney, but I bet no one calls you on it
. He looked at Jen, sitting rigid with her eyes fixed on Captain Halis, then back at Halis herself, who was obviously struggling with her answer.

Halis spoke slowly. "I . . . am responsible for the well being of my ship and everyone on it."

"Captain Halis? Does that mean you would or would not accept Lieutenant Junior Grade Shen in your engineering department again?"

Halis looked downward for a long moment, then back at Jen. "Yes. I would. She's given me no reason to feel otherwise."

Paul could see Jen's back quivering and knew how deeply Captain Halis' words were effecting her.
And me. Thanks, Captain
.

Captain Carney nodded, smiling politely. "Thank you, Captain Halis. Your loyalty to your crewmembers is commendable."

What does that mean
? Paul wondered.
Is he brushing off Captain Halis' response as just reflecting loyalty? Was this question a lose-lose for Jen
? He looked at Bashir's face and saw no joy there.
Yeah. You know, don't you? Carney, and maybe other members of the court, would've jumped on it if Halis had said 'no.' But they're blowing off a 'yes' as not proving anything. Just a captain standing by her crew
.