Burden of Proof

Home > Other > Burden of Proof > Page 15
Burden of Proof Page 15

by John G. Hemry


  Hell, he's not just being impersonal. He's digging at me. Why'd he have to ask it that way? "Yes, sir. Before I went down to the scene of the fire, Chief Imari -"

  "Why did you decide to use water hoses on full fog?"

  "Sir, I asked the lead hose, Petty Officer Santiago, for advice, and she suggested that."

  "So lacking experience of your own you simply did what this petty officer said you should?"

  Paul took a moment to answer, fighting down an impulse to respond angrily. "No, sir. I asked Petty Officer Santiago for her advice. I weighed that advice against my own knowledge and training, and then made a decision."

  "Did you receive authorization to enter Forward Engineering before opening the hatch?"

  Paul started to reply, then hesitated. Did I? "I don't recall receiving specific authorization, sir. I kept the quarterdeck and DC Central advised of my intentions and I was not told to take any other course of action."

  Captain Shen, his expression hard but unreadable, tapped some information onto his data pad. "You appear to have done a number of things on your own, Lieutenant Sinclair."

  "I did what seemed appropriate, sir. I kept everyone informed."

  "When you left Forward Engineering, did you know what had happened to Chief Asher?"

  "Yes, sir." Paul had finally managed to partially suppress his emotions at the memory. "I'd seen his remains."

  "Were you certain they belonged to Chief Asher?"

  Paul hesitated again. "Sir, there wasn't much left."

  "Then the remains could have been those of someone else?"

  "I hadn't been advised anyone else was unaccounted for, sir."

  "Did you make any attempt to check the rest of Forward Engineering to see if Chief Asher was present, to see if he'd managed to get into emergency survival gear and was still alive?"

  "Sir, we had zero visibility, the team was exhausted from putting out the fire, I had an injured team member, and our suits were warning of impending system failures due to the heat."

  "Then your answer is 'no.'"

  Paul felt his jaw tightening. He tried to control his voice as he answered. "Yes, sir."

  "When was the last time you were in Forward Engineering prior to the fire?"

  "About a week earlier."

  "You hadn't checked the compartment that day?"

  "No, sir."

  "Even though you'd been on duty since that morning?"

  Paul's teeth were hurting, now, from the way his jaw muscles were clenching. "No, sir."

  "Had you inspected any compartments on the ship that day?"

  "Yes, sir, I had." The reply sounded too sharp, too defensive. Paul tried to moderate his tone. "I always conduct a walk-through of the ship on my duty days."

  "You check every compartment."

  Paul felt his teeth grinding painfully together and forced them to relax. "No, sir, not every compartment."

  "Why not?"

  How do I answer that? Because the officers who taught me how to stand duty didn't check every compartment? Because I didn't think it was necessary? Maybe because I didn't think. "I . . . no excuse, sir."

  Captain Shen kept his eyes on Paul. "This isn't the Academy, Lieutenant. You're expected to provide explanations for your actions. Or your inactions. Why hadn't you inspected Forward Engineering that day?"

  Paul felt a stubborn anger rising. "Because officers in the duty section do not routinely check every single compartment. I was going to the quarterdeck where eight o'clock reports were going to be presented. Chief Asher would have informed us of any problems in engineering spaces at that time."

  "So you effectively delegated the responsibility."

  "No, sir." Paul almost spat the reply. "I delegated the task. I am well aware that I cannot delegate responsibility."

  Captain Shen stared back impassively for a moment, then made some more notations. "When was the last time the fire suppression systems in Forward Engineering had been tested?"

  "I don't know, sir."

  "Why not?"

  "I'm the Combat Information Center Officer, sir. I do not work in Engineering. If I need that information I will ask the appropriate officer or enlisted in the Engineering Department."

  "You don't think you needed that information the day of the fire?"

  "It would've been irrelevant, sir. The fire suppression systems didn't work. Knowing when they were last tested wouldn't have helped me handle the situation or put that fire out."

  "If you'd familiarized yourself with the date the systems were last tested, and discovered they were overdue for a test in time to take corrective action, couldn't that have prevented the fire from causing such extensive damage to the compartment?"

  Paul stared, momentarily at a loss for words. They hadn't been tested recently? Nobody's said anything about that. "I . . . was unaware of that, sir."

  "Then you admit your lack of knowledge regarding a critical compartment on this ship could have negatively impacted on the emergency?"

  Paul almost snapped out an angry, "Yes, sir," then found himself hesitating again. Wait a minute. Think before you speak. That's practically a confession of wrongdoing he's asking me to make. Did I fail that badly? How come nobody on the ship has acted like I screwed up and helped make that emergency worse? "No, sir."

  "No." Captain Shen pursed his lips, and made another notation. "Are you sure you don't want to reconsider that answer?"

  This time Paul recognized a technique he'd seen Sharpe employ with suspects. Imply you know something you don't really know, and let them implicate themselves. Were those fire suppression systems really overdue for a test? He never said they were, he just implied that. Why's he trying to nail me? Well, it doesn't matter why, because it's not happening. "No, sir, I do not."

  "Very well, Mr. Sinclair. There's no further need for you."

  Something inside Paul made him answer in a calm, firm voice. "As a witness, you mean, sir."

  "Yes. Send in the next witness."

  Paul had intended going back to his stateroom, but found himself so worked up over the interview that he started roaming the ship to burn off his anger. Interview? Hell, that was an interrogation. What's he up to? Reason slowly asserted itself. Maybe he's doing his job. Which is finding out what happened and why. For all I know every other person going in there is getting the same treatment. Judging by the way the officers on the Mahan acted, Captain Shen's always a hardass.

  He's Jen's father, for Pete's sake. Jen can be really tough, too, but she's always fair. Why assume the worst?

  * * *

  The next several days were frustrating. Paul, used to being on the inside of investigations, could only watch from the sidelines as witnesses disappeared into the wardroom and various specialists came aboard to check the damage and other systems on the ship.

  "What're they finding out, Paul?" Mike Bristol asked on Friday.

  "Damned if I know."

  Randy Diego looked around conspiratorially. "I heard they couldn't get anything out of the engineering logs. The taught us those logs are hardened against all kinds of stuff, so how'd that happen?"

  Paul saw everyone was looking at him for an answer. "I don't know! Look, guys, I'm not in on this. I don't know any more about those logs than you do."

  "I saw Jill Taylor leaving the wardroom after she'd talked to Captain Shen," Randy continued. Paul nodded. As Electronic Materials Officer and a skilled specialist, Ensign Taylor would be a logical person to ask about the condition of the engineering logs. "Boy, did she look mad."

  Bristol looked intrigued. "Do you know why?"

  "No. She didn't say anything and I didn't ask. Even I know not to cross Taylor's path when she's that pissed off."

  Paul saw them looking at him again. "Captain Shen's questioning is, uh, really aggressive. That's about all I can say."

  * * *

  After two more days of questioning and bringing in people to check over different parts of the Michaelson, Captain Shen left, leaving in his wake
no clues as to what his conclusions would be. The first couple of days after that, everyone kept checking their messages for reports the investigation had been completed, but after another three days they'd gone back to concentrating on whatever individual crisis of the day had popped up in their areas of responsibility. Which, naturally, was when the text of Captain Shen's report arrived on the ship.

  Paul started to read slowly through the report, fighting off a powerful urge to skip directly to the conclusion. But the urge triumphed partway through the dry and detailed description of the fire suppression systems in Forward Engineering. Paging rapidly forward, Paul went straight to the conclusions. In light of the lack of evidence of other causes, the damage to engineering records must be laid to an unusual combination of shock and effects of the fire . . . Recommendation: Conduct testing to determine if systemic fault exists in log protective mechanisms . . . The initial explosion occurred in the power transfer junction for Forward Engineering. The cause of the explosion cannot be reliably determined due to massive damage to the area . . . Recommendation: Review fault limits on power transfer junctions . . . The state of the engineering logs prevents identification of what Chief Petty Officer Vladimir Asher was doing in Forward Engineering . . . no evidence exists of deliberate misconduct on his part . . . death judged instantaneous. . .

  Paul shivered as he read that finding, breathing a prayer of thanks, then went back to skimming the conclusions.

  Reactions of Damage Control personnel were appropriate . . . their response time was within standards set by Damage Control instructions . . . actions of command duty officer were appropriate to the circumstances . . . actions of other officers reflected occasional hesitation in responding . . . inadequate inspection and monitoring of shipboard conditions prior to accident . . . no cause for misconduct finding, but enhanced training and supervision recommended.

  Paul stopped reading. What the hell? He's not naming me, but he's practically blaming me for what happened! I didn't want a commendation out of this, but I didn't expect to get hammered for it!

  He re-read the conclusions, searching for a different interpretation. Damn. Damn! At least he gave the Damage Control party credit for doing their jobs right. Otherwise, it doesn't explain what happened to Chief Asher or why. Just an unavoidable accident, except for "inadequate" actions on my part.

  Paul finally checked the distribution on the report. He'd received a copy as the ship's legal officer, as had the captain, the executive officer, and the chief engineer. The investigation and its findings had already been forwarded to the Commodore for his approval. Even if I wanted to talk to Captain Hayes about it, would it matter? Hayes gets to comment on the findings, but why should he kick? The investigation gives him a clean bill of health.

  "Mr. Sinclair, sir."

  Paul looked up, startled, to see Petty Officer Sharpe. "Sorry, Sheriff, I didn't hear you at the hatch."

  "I can understand why, sir." Sharpe inclined his head toward the display where Paul had been reading the investigative report.

  "How do you know what's in it?"

  "Sir, a good cop doesn't divulge the identity of his informants. Suffice to say, I think it sucks."

  "Sheriff, it's nice of you to say that -"

  "Begging your pardon, sir, but while you didn't come out smelling like a rose, I'm frankly more concerned about the rest of it. It doesn't explain why Chief Asher died."

  "No."

  "Or how those logs got damaged when they shouldn't have been."

  "No."

  "Sir, I'm about to ask something. If you don't want to give me permission, can we assume I never spoke to you about it?"

  Paul eyed Sharpe. "You don't ask that kind of favor too often, Sheriff. What's on your mind?"

  "What if I was to bring onboard someone to check those logs, sir?"

  "They've been checked."

  "Someone who's an expert, sir."

  "I thought . . ." Paul frowned at his display. "I guess I don't know the qualifications of whoever Captain Shen brought in."

  "Then I have your permission, sir?"

  "And if you don't?"

  "Then we never talked about it, sir, and you won't know anything if I bring the guy aboard."

  "Sheriff, I don't work that way. There's no legal reason your expert can't check the logs, too. Captain Shen's finished his examination of them. For God's sake don't let your expert do any more damage, though."

  "No way, sir."

  Paul peered closely at Sharpe. "Level with me, Sheriff. There's something else, isn't there?"

  Sharpe pointed toward where the investigation was displayed. "I gave a statement, sir. It's not in there."

  "Huh?" Paul looked back and forth from Sharpe to the display. "Why'd you make a statement?"

  "Because I saw Chief Asher that morning. He was really unhappy, sir."

  "About what?"

  "I don't know. He was muttering something about 'just do it' when I came by. I asked him what was up and he just shook his head and walked away."

  Paul stared at the master-at-arms. "And that's not in there?" Okay, assume Captain Shen was gunning for me. But I still believe he's underneath it all just as ethical as his daughter, and Jen wouldn't bury some evidence just because she didn't like it. "Any idea why?"

  "No, sir."

  "That's . . . odd. I can't honestly say it'd change the conclusions of the investigation, but it's still odd. Okay, Sheriff. Bring your expert aboard."

  "It may take him a day or two to get over here, sir, but I'll let you know when he comes onboard."

  "Thanks, Sheriff." Paul began reading the investigation again after Sharpe left, this time with an unpleasant sensation in his gut. He'd felt bad when he read the investigation's conclusions, but this was a different kind of bad, brought on by what Sharpe had said and what Sharpe obviously suspected. He thinks the investigation missed some important stuff. Important enough to make a difference, to answer questions left unanswered? I guess I'll find out.

  Within a week, the Commodore had approved the investigation's findings, then forwarded them to the Admiral, who'd also approved them. If Captain Hayes had submitted any comments on the investigation, Paul hadn't seen them, but then the captain wouldn't have been likely to involve Paul in anything which addressed Paul's own performance. Besides, Paul had seen his award recommendations for the members of the Damage Control party receive similarly expedited treatment.

  For the awards ceremony, they used the same hall which the change of command had been in, of course. The Commodore himself came by to award the medals. One by one, members of the Damage Control party were called forward. Petty Officer Santiago received the Navy Commendation Medal. Petty Officer Yousef received the Navy Achievement Medal. The rest of the enlisted received letters of commendation.

  After the last enlisted had been presented with their awards, the Commodore held up a last medal case. "Lieutenant Silver, front and center."

  Paul tried to keep his expression fixed as Silver marched up to stand in front of the Commodore, and as the Commodore began reading the medal citation. After lauding Silver's leadership during the crisis, and proclaiming it in the highest traditions of the Naval Service, the Commodore pinned a Navy Commendation Medal on Silver.

  Paul somehow kept his face impassive, his eyes front, but out of the corner of his eye he could see Captain Hayes. The smile Captain Hayes had carried through most of the award ceremony had vanished, and his face seemed to be reddening. Paul didn't know what that meant, nor did he really want to know. At this point, he just wanted the ceremony over.

  It ended mercifully a few minutes later. Paul quickly dismissed his division, then headed back for the ship, avoiding contact with anyone else.

  But he couldn't hide on the ship. Within a few minutes of his own arrival, a group of his friends arrived at his stateroom. "They gave Silver a medal?"

  Paul glanced up, keeping his expression flat. "Yeah."

  Kris Denaldo was standing in the hatchway, Lieutenant
Mike Bristol just behind her along with Ensign Randy Diego. "Why?"

  "I don't know. I just work in the Combat Information Center, so I never know anything."

  "That's really funny. Why'd they give Silver a medal?"

  "You heard the commendation. I didn't really listen. Something about his control of the situation and crap like that."

  "Crap is right. He got a medal and you didn't?"

  Paul looked down at his desk, still trying to keep his face rigid. "Yeah."

  "Isn't that kind of lame?"

  "Look, Kris, what do you want me to do?"

  Silence stretched, until Paul looked up to see everyone still standing there. Kris looked around at the others, then scowled. "Nothing, I guess. Do you want to vent?"

  "No."

  "You've got to be pissed."

  "Sort of."

  "But there's nothing you can do about it."

  "Right."

  "Any idea why Hayes did that?"

  Another voice answered. "Captain Hayes didn't do it." They all looked to see Commander Sykes leaning against the bulkhead not far away. "The captain was just as surprised as you, Mr. Sinclair. He is not a happy man. This is, of course, not for attribution."

  Bristol was staring at Sykes. "The Commodore did it? Without input from Captain Hayes?"

  "Apparently. Our captain is attempting to run down the source of the medal recommendation. He can't really pull the medal. Not without cause. What damage has been done is done. I believe Paul is wise to attempt to accept this aspect of things."

  "Suppo, he got hammered for that accident even though he led the Damage Control team in, and now Silver's getting rewarded even though he didn't do anything."

  Sykes looked away. "I can't promise a just resolution to this."

  Ensign Diego shook his head. "Paul's just got to live with it?"

  "Unless he can find a constructive alternative, yes."

  They all looked at Paul, who shrugged. "I don't know."

  Mike Bristol grinned humorlessly. "I have an alternative. Liberty call's in fifteen minutes. Let's go have a drink."

  That sounded as constructive as anything else.

  The next morning, Paul was nursing a mild hangover when Ivan Sharpe called. "Sir, I have someone I believe you'd like to meet."

 

‹ Prev