A Just Determination

by John G. Hemry

  Fowler's eyebrows rose for a moment. "Do you get along well with your superiors, Ensign Sinclair?"

  "I . . . try to do my job, sir."

  "What about Commander Garcia? He's your department head, right? Has he ever chewed you out?"

  That had to be the easiest question he'd been asked. "Yes, sir."

  "Did you deserve it?"

  "Often enough, yes, sir."

  "But not always."

  "No, sir. I don't think so."

  "Do you have trouble understanding orders given to you in the course of a normal work day?"

  "No, sir."

  "What would Commander Garcia say?"

  "Sir . . . Commander Garcia has . . . expressed a different opinion on occasion."

  "But not always."

  "No, sir."

  "You're ship's legal officer, so you also work for Commander Herdez. If I hauled her back onto the witness stand, would she say you can understand and execute orders?"

  "Yes, sir, I believe she would."

  "What about your own enlisted? If I brought them in here and asked them, would they say you know how to issue clear and understandable orders?"

  "Yes, sir."

  "Do they respect you?"

  "I believe so, sir."

  "Do they like you?"

  "My enlisted, sir? I . . . have no idea."

  "You've never asked them?"

  "No, sir!" Fowler settled back, a small smile briefly forming. You tried to trap me, didn't you, Admiral? See if I was being professional with my enlisted, maybe if I'm really professional at all. I'm glad I didn't have to think about my response. But was Fowler impressed or just amused? Was he just playing with an ensign who stuck his neck out?

  Admiral Fowler looked around. "That's all for me. Anybody else have questions for Ensign Sinclair?"

  Captain Nguyen leaned forward. "Ensign Sinclair, have you ever made any mistakes?"

  That one was easy, too. "I've made a lot of mistakes, ma'am."

  "What about this decision? To testify as part of Captain Wakeman's defense? Suppose Captain Wakeman is found guilty of all charges regardless of what you testified, and suppose as a result you are tarred with the same brush and find your naval career effectively terminated before it had barely begun. Will you regard this as mistake?"

  Paul stared silently at Captain Nguyen for a moment before replying, trying to fight off the sick feeling her question had brought back to full life. "No, ma'am."

  "You wouldn't be unhappy?"

  "Ma'am, I'm already unhappy." It wasn't until the members of the court all reacted that Paul realized his blurted reply could be construed as humorous.

  Captain Nguyen smiled briefly, then turned serious again. "Ensign Sinclair, do you hope to ever serve under Captain Wakeman again?"

  "No, ma'am."

  "Not in any capacity whatsoever?"

  "No, ma'am."

  "Suppose Captain Wakeman is exonerated as a result of your testimony and returned to duty, and you received orders to serve under Captain Wakeman again. What would you do?"

  Paul hesitated again, then suddenly knew without looking that Commander Herdez's eyes were locked onto him, awaiting his reply. Herdez is a good officer. Hard as hell, but good. What would someone like Herdez, a good officer, say? "I would serve under him and attempt to carry out my duties to the best of my ability, ma'am."

  "Even though you've testified that you neither like nor respect Captain Wakeman? Why would you do that, Ensign Sinclair?"

  "Because . . . because my duty isn't to Captain Wakeman as an individual. My duty is to the United States Navy, ma'am."

  "I see." Nguyen looked toward Admiral Fowler. "I'm done."

  Judge Holmes thanked Paul, then excused him as a witness. Paul stood carefully, worried that his legs might wobble, and made his way back to his seat.

  Garrity stood as Paul sat down. "The defense rests."

  "Lieutenant Commander Garrity, will Captain Wakeman 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 thirteen hundred in this courtroom for Captain Wakeman's statement, followed by closing arguments."

  Back | Next

  Framed

  Back | Next

  Contents

  Chapter Twelve

  Paul waited, listening to others leaving, before he stood and made his way out of the court room. He was vaguely aware of some of the senior officers still standing in the room, and as he turned into the central aisle found his path blocked by Commander Herdez, who was talking to Commander Sykes. "By your leave, ma'am."

  Herdez turned her head, saw Paul, and stepped aside so he could pass, her expression still revealing nothing. "Certainly, Ensign Sinclair."

  Paul went out the door, took two steps to the side to clear the entrance, then fell back against the bulkhead behind him. It's over. For me. One way or the other. I hope.

  "Where have you been?" Jen was there, eyeing him with an enigmatic expression. "How long was I supposed to wait out here?"

  "I didn't know you were waiting."

  "You think I'm going to let you wander around alone in the state you're in? You're a wreck, Paul."

  "Is it that obvious?"

  "It is to me. You probably fooled everyone else."

  "I just hope it accomplished something."

  "I'd be willing to bet it did, but regardless, you did what you wanted to do." Jen leaned close enough to whisper to him. "You're good, Paul. And I'm not just talking about last night."

  "Really? You think I did okay?"

  "Last night or just now?"

  "Jen! Just now."

  "You're not supposed to discuss your testimony with anyone, Ensign Sinclair." But Jen smiled approvingly, then moved away a little before speaking in a normal voice. "You got any lunch plans? Or are you going to sit in the court room through lunch again?"

  "I think I feel like eating today."

  "Good. Some of us are heading for Fogarty's. You in?"

  "Sure."

  In addition to Paul and Jen, "some of us" turned out to be Bristol, Meadows, and Denaldo. Jen took a seat across from Paul, then waved dramatically toward him. "Our hero."

  Meadows grinned. "So, Paul, how much fun was that?"

  "My fun meter is pegged, Carl. Right off the scale."

  "I know you can't talk about what you said, but how'd it feel up there on the witness stand?"

  Paul smiled and shook his head. "I wouldn't recommend it unless you wanted to know how it feels to face a firing squad."

  "Yeah. I bet. They could have at least offered you a blindfold. I'm glad no lawyer asked me what my department head thinks of my work. Or what I think about my department head, for that matter. What was that bit about Wakeman having a choice of pre- or post-Gadsden trial procedure? What's that mean?"

  "It's the way the next phase of the trial is handled. Used to be military trials would finish with the defense and prosecution making their final arguments, and the defendant wouldn't make a statement of any kind until after the court-martial members announced a verdict."

  "Huh? What's the point of the defendant not making a statement until after he's found guilty? What good does it do then?"

  "It was just supposed to affect his punishment. You know, stuff like I'm an orphan and I didn't really do it and even if I did do it I didn't mean to do it. The punishment he'd be sentenced to wouldn't be determined until after the defendant made a statement."

  "That still sounds lame," Carl observed.

  "Yeah. That's what Gadsden was about, I guess, whether or not a defendant could make his statement before the verdict was reached. They ended up doing the Solomon thing and sort of splitting the difference. The defendant gets to decide. That way he or she can't complain if their statement goes over the wrong way."

  "So Wakeman's going to swear he's innocent of all charges, huh? That ought to be interesting to watch."

  "
Maybe. Maybe not. I really don't know what he's planning on saying. Garrity may not either. And Wakeman doesn't have to make a sworn statement. He can also make an unsworn statement. That is, he'd be giving his side of things but not swearing that what he's saying is true."

  Bristol looked puzzled. "Why would anyone do that?"

  "Because if they make a sworn statement they can be cross-examined on it. You can't be questioned about anything you say in an unsworn statement. It's a Fifth Amendment thing. You know, the right against self-incrimination."

  "Oh. You can't make someone testify against themselves. Right? And I can see where certain defendants wouldn't want to be asked questions about whatever they planned to say."

  Paul grinned. "Exactly. Now you tell me something. How'd Suppo manage to get Mangala sent to Ceres Station?"

  Bristol gazed back in apparent shock. "Commander Sykes? Are you implying he had something to do with Mangala's orders?"

  "Perish the thought. How'd he do it?"

  "Trade secret." Bristol grinned around his sandwich. "Don't mess with the supply officer."

  "After that? No way. He might serve us cannonballs again."

  "Won't bother me if he does," Jen declared. "I'll be on the USS Maury, living easy."

  Carl shook his head. "Why do you think the Miserable Maury will be so easy? She's just another ship."

  "That's what you think. She's a ship in long-term refit, and word is something critical on her breaks every time you look cross-eyed at her. I can't imagine how many times I'll get to wave goodbye to you guys while the Merry Mike sails off to cruise the sea of stars." Jen pretended to wipe away a tear. "I'm getting all emotional just thinking about it."

  "Me, too," Kris agreed. "Don't forget you're still close enough for me to kick. And don't forget you'll probably be given a job trying to fix all that stuff that breaks at the drop of a hat."

  "I'm stuck doing that now. At least if my ship is broken in port I can head out for a beer after work instead of standing a watch in the middle of the night in case the evil Virgins of Vega attack."

  "Speaking of which, I hear there's a sequel to that movie coming out."

  "Really? Is it going to be as bad as the first one?"

  Kris grinned. "I hope so. I'd thought the first batch of Vegan Virgins used up all the silicone on their planet for their boob jobs, but apparently they found a fresh supply to, um, equip another invasion force."

  "Maybe that's why they're trying to invade Earth again," Bristol suggested. "Mars needs women, Vega needs silicone."

  Paul chuckled. "Maybe Mars should be invading Vega."

  "Or Vega should be invading Franklin Station," Carl sighed. "We could use a few of those Virgins around here." He paused as Kris and Jen glared at him. "Sorry. I could use a few of them, I mean. Not to imply there's any shortage of virgins here. Or of exceptional women of any kind."

  "Better quit before you dig it any deeper, Carl," Bristol laughed. "Save me a couple of those Vegan Virgins, though. You want a few, too, Paul?"

  Paul kept himself from looking toward Jen but felt his face warming. "Uh, no. None for me, thanks."

  Carl faked astonishment. "You're turning down Vegan Virgins?"

  Kris sniffed disdainfully. "Paul simply has too much class to be interested in sluts like that."

  "How can a virgin be a slut?"

  "It's possible. Believe me. Maybe Paul's also allergic to silicone. What do you think, Jen?"

  "Am I supposed to care what other people think about Paul Sinclair?"

  "Well, he is your friend."

  "Oh. In that case, Paul's obviously high-class and also possesses excellent taste in friends." Jen smiled at Paul while the others laughed.

  Paul laughed as well, though partly in relief that an awkward moment had passed. Yesterday at this time I was dreading the day Jen left the Michaelson. Today I'm looking forward to it because it'll mean we won't have to pretend to be uninvolved. Talk about things changing fast.

  By the time they finished eating Paul felt mostly recovered. The small group ambled back to the courtroom, finding the rest of the officers from the Michaelson were already there. Most of the department heads formed their usual cluster, with Lieutenant Junior Grade Yarrow hanging around the fringe like an adoring puppy. Off to one side, Commander Sykes and Commander Herdez stood talking to each other. Paul watched the last two for a moment. "That's kind of a funny pair, isn't it? I can see why Sykes doesn't want to hang with the other department heads. But why with Herdez?"

  Bristol looked surprised at the question. "You really don't understand? Sykes and Herdez have a lot in common."

  "You're kidding. Suppo's a major slacker, and Herdez is tighter than the atoms in a black hole."

  "So? You're missing the fact that they both get the job done, and done right, and don't worry about blowing their own horns. Professionally, they're two of a kind."

  "I'd never thought of that." Paul glanced at Sykes and Herdez again. It's true. I'd happily entrust myself to the leadership of either of those two. Their leadership styles couldn't be farther apart, but like Bristol says, they get the job done. "I guess you're right. They still seem like an odd couple, though."

  "There's been odder couples," Kris Denaldo observed. Jen shot her a look under lowered brows, but Paul thought no one else noticed the by-play.

  "It only looks odd," Bristol insisted. "It may seem weird, but those two are soul-mates in a way. Not that I ever expect them to end up in bed together."

  Kris opened her mouth again, but whatever she'd been planning to say was interrupted by Jen's elbow jabbing into her side. "Ow."

  "Are you okay, Kris?"

  "Yes. Just a sudden pain in my side."

  "Maybe it's something you ate," Jen suggested.

  "I don't think so. It looks like everyone's heading in. Time for the big finale."

  No longer in stand-by as a witness, Paul didn't have to sit in the front row anymore, so he stuck with the other junior officers as they entered the courtroom. Jen, towing Kris Denaldo with her, made a point of moving several seats over from where Paul, Carl and Mike Bristol sat down. The department heads scattered through the room, as if fearing being hit by the same bolt of rhetoric Wakeman might aim at another of their number. Lieutenant Sindh, a few seats down from Paul, stared grimly ahead. But Commander Herdez walked steadily to the front row, taking a seat near the center.

  "The court-martial will come to order." Judge Holmes looked toward the defense table. "Commander Garrity, does Captain Wakeman still desire to make a statement prior to the final arguments?"

  "He does, Your Honor."

  "Very well. Captain Wakeman, 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?"

  Wakeman stood. Paul suddenly realized that Wakeman hadn't spoken out loud for the last few days, his only communications being whispered discussions at the defense table. Now, Wakeman's voice sounded almost rusty as he replied. "Yes."

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

  "To make an unsworn statement, orally, in person."

  "Very well. You may take the witness stand and proceed." Despite the controlled temperature in the courtroom, Wakeman seemed to be perspiring as he mounted the steps to the witness stand. He paused for a moment after seating himself, as if he'd forgotten he wouldn't be sworn in before making his statement, then swallowed, cleared his throat and glanced down at his data link before speaking.

  "The captain of a sh
ip has many responsibilities. Many duties. I have done my best, my very best, to carry out all those duties. I have done my very best to execute the orders I have been given. Because I took my responsibilities so seriously, because I was so concerned with following the orders I had been given, I now find myself facing a court-martial."