Carl tapped Paul's elbow to attract his attention, then rolled his eyes dramatically. Paul smiled to indicate he understood Carl's message. Poor Cap'n Pete. I may not like the things he was charged with, but this devoted-to-duty martyr routine is too ridiculous. To us, anyway. I wonder what the court-martial members think about it after all they've heard about him so far?
Neither the admiral nor any of the captains gave any clue as to their thoughts as Wakeman continued. "At every point in the pursuit and encounter with the SASAL ship I made what I thought were the best decisions based on the information and advice I was given. That is surely what is expected of a ship's commanding officer. Indeed, if I hadn't made those decisions, I might well be facing charges for shirking my duty."
"But what I could not anticipate, what I could not overcome, was the failure of my own subordinates to adequately or properly support me. They gave me bad information, they gave me false information, they gave me recommendations which led to tragedy. I don't know what motivations were involved. I don't know why they failed to support me as well as I had supported them so often in the past."
Paul tried to keep his face as emotionless as he'd seen Herdez manage. I can't believe Wakeman has the gall to be saying this. It's enough to make me wish I'd let him hang.
Beads of sweat were visible on Wakeman's forehead. "I am guilty of nothing but attempting to carry out my orders. Nor am I fully convinced that all the facts have been brought out here, that the real mission and intentions of the SASAL ship have been accurately determined. Its actions clearly demonstrated a threat to my ship. Was I to allow my ship to be destroyed through failure to act? If so, I would surely deserve this court-martial. But I did not. I acted."
Paul stole a glance at Lieutenant Commander Garrity, sitting at the defense table with her elbows on the arms of her chair, her mouth resting against her hands where they were clasped together so that her expression could not be read. Surely Garrity didn't advise Wakeman to make this kind of statement. Surely she's not happy that Wakeman's still trying to blame everyone else for Wakeman's own bad decisions, still trying to claim the SASALs were doing anything but playing a stupid and dangerous game. But she's a JAG. How is this "my subordinates let me down" stuff, and this "my ship was in peril" stuff, playing with the line officers among the court-martial members, all of whom have commanded ships themselves?
Wakeman wiped one hand across his forehead. "I ask you to support me as the commanding officer of a ship, support me in a way my own subordinates did not. In a crisis, they failed me. I ask you not to fail a fellow officer. Do not condemn me because I cared too much, tried too hard, as commanding officer. My record prior to this . . . this tragedy speaks for itself. I cared about my ship and her crew! If I am convicted, some future captain will stay his hand when he should act in self-defense for fear of a similar fate. I'm sure such distinguished officers would never permit such a precedent to be set. Thank you."
Admiral Fowler raised a hand, stopping Captain Wakeman in mid-rise to leave the witness stand. "Captain Wakeman, I know you're not required to answer any questions about your statement, but I'd like to ask one anyway."
Lieutenant Commander Garrity was on her feet. "Admiral—"
Garrity was herself interrupted by Judge Holmes. "Admiral Fowler, we are legally prohibited from questioning Captain Wakeman regarding his statement."
"Even if he agrees to answer voluntarily?"
"Captain Wakeman is on trial. Nothing the court asks of him can be viewed as entirely voluntary."
Fowler nodded brusquely. "All right."
"Thank you, Admiral. Commander Wilkes, is trial counsel prepared for closing argument?"
"Yes, Your Honor."
"Please proceed."
Wilkes faced the members. "Captain Wakeman has been charged with many violations of military law, but all of those charges come down to one common element: the culpably negligent and derelict behavior of Captain Peter Wakeman in carrying out his duties as the commanding officer of the USS Michaelson. Nothing the defense has presented has refuted the basic facts of the case, that Captain Wakeman failed to maintain his assigned patrol duties, recklessly closed on another ship, and fired a shot at that ship without sufficient justification, after which Captain Wakeman failed to maneuver to avoid the possibility of collision, instead choosing to fire directly upon and destroy the other ship. It wasn't simply careless, it wasn't simply a misinterpretation of his orders. It represented culpable negligence. It represented dereliction of duty in failing to conform to orders and instructions with which Captain Wakeman was required to be familiar. I ask you to find Captain Wakeman guilty on all charges and counts, for he has failed in the most basic elements of his responsibilities as a commanding officer of a US Naval warship, with tragic results."
Wilkes returned to his seat and Lieutenant Commander Garrity rose, also facing the members. "Captain Peter Wakeman was placed in an impossible position by orders which provided little guidance and broad responsibilities. Captain Wakeman's orders specifically called upon him to use his own judgment to determine which actions were necessary and appropriate to carry out a mission which had to be fulfilled. The decisions he made in attempting to carry out the mission were arguably misguided and even improper, but they were not criminally negligent or culpable. When suddenly embroiled in a crisis situation, a situation no one had anticipated, he was repeatedly warned of firing solutions and detections of possible weapon preparations. It doesn't matter that in hindsight we know the other ship was unarmed, what matters is that Captain Wakeman had to make a decision at that moment based on what he knew and what he was being told. I ask you to find Captain Wakeman innocent of all charges and specifications on the grounds that his actions were legitimate, even if flawed, attempts to carry out the letter and spirit of the orders he was operating under."
Garrity sat down again. Judge Holmes looked from the trial counsel to the defense counsel, then to the members. "Admiral Fowler, do you anticipate being able to render judgment tomorrow?"
"I can't promise that, Captain Holmes, but I think it's very likely. We still have the bulk of the afternoon and all evening to deliberate on this."
"Will ten hundred be an appropriate time to convene tomorrow?"
"I'd prefer oh-nine hundred, Captain Holmes. We ship-drivers start to go a little stir crazy if we can't start work until ten hundred."
"Very well. The court-martial is closed, and will reconvene tomorrow morning at oh-nine hundred in this courtroom."
* * *
Kris Denaldo gazed back at the door to the courtroom. "Well, tomorrow the wait is over. We find out what happens to Wakeman. It's going to be a long night for some people." She shifted her eyes to look at Paul and Jen. "I'm sure it'll pass quickly for you two, though."
Jen made a face. "Very funny. I've got duty tomorrow. First watch. I can't risk being late for that, so I'm sleeping on board tonight."
"Oh? Well, I guess I could get a rent-a-shack if you need privacy."
"I am not going to be in need of privacy, thank you, Miss Denaldo. You know that sort of thing isn't allowed on a ship."
"You think you'll get caught?"
"Even if we don't, the crew has a way of finding out about that sort of thing. Which I don't need. And if we did get caught, I'd end up in Herdez's stateroom getting a lecture on keeping my raging hormones under control. Which I need even less."
"Oh, okay." Kris grinned mischievously. "In that case, Paul, I'm available if you need any company tonight."
"Back off, Denaldo! He's mine." Jen glared at Paul. "You'd better not even be thinking about it."
"I'm not. I'm too nervous to think about anything much but that verdict tomorrow. I guess I'll stay on the ship, too."
"Don't get any ideas. I meant what I said."
"I never doubted it. But we've watched a lot of movies on duty nights, right?"
"Okay. As long as you don't try to hold my hand."
"Can I do the yawn and stretch bit where my a
rm comes down around your shoulders?"
"You can if you want to lose your arm," Jen answered with a grin. "Any other questions?"
"No goopy-eyes?"
"Definitely no goopy-eyes. See ya, Kris."
They headed back toward the ship, quiet for a few moments. Paul, despite his worries, savored the sensation of Jen being near. "Jen, can I ask you something?"
"Maybe. What?"
"What's 'Jen' short for?"
She gave him a flat look. "Jenevieve."
"Jenevieve?"
"Is something funny?"
"No, no. It's just . . . you don't seem like a Jenevieve."
"Which is why everyone calls me Jen. And everyone will continue calling me Jen. Right?"
"Right."
"Good. Don't walk so close."
Paul edged out about a foot. "This isn't going to be easy."
"I never said it would be. Am I worth it?"
"Absolutely."
"Then stop complaining." But she grinned to take any sting out of the words. "What kind of movie are you interested in?"
"I don't know. Something mindless."
"With or without explosions?"
"Uh . . . doesn't matter."
"Mindless and with or without explosions? I think we have a few hundred movies in the ship's database that fit that description. Maybe we'll just do a random pull and see what pops up."
"Sounds like a plan."
* * *
"Admiral Fowler, have the members reached findings?"
"They have."
Paul was seated in the back, with Carl and Kris. Jen had been the officer of the deck on the quarterdeck when he left, waving a brief hello before returning his salute and granting permission to leave the ship. She'd miss the climax of the whole proceeding, but there really wasn't any way to justify asking that Jen be excused from duty just to watch a result which most of the other officers from the Michaelson were present for.
"Are the findings on Appellate Exhibit Seven?"
"Yes."
"Would the trial counsel, without examining it, please bring me Appellate Exhibit Seven?" A long minute passed while Judge Holmes studied the exhibit, her expression providing no clue as its content. "I have examined Appellate Exhibit Seven. It appears to be in proper form. Please return it to the president." Holmes looked directly at Wakeman. "Captain Wakeman, would you and your counsel stand up please. Admiral Fowler, announce the findings, please."
Fowler looked around the room, his eyes lingering for just a moment on most of those present before returning to the document he held. "Captain Peter Wakeman, this court-martial finds you guilty of one count of violating Article 92, Failure to Obey Order or Regulation, as to the ninth specification, derelict in exercising command functions during crisis, and one count of violating Article 111, Drunken or Reckless Operation of Vehicle, Aircraft or Vessel, by failing to order necessary maneuvers to open the projected closest point of approach for another ship on a near-collision course. This court-martial finds you not guilty of all other charges and specifications."
"Does defense counsel wish to present any matters in extenuation or mitigation?"
Garrity glanced at Wakeman, who was sitting rigid next to her. "No, Your Honor."
"Admiral Fowler, have the members reached a sentence, or do you require further time for deliberations?"
"The members have reached a sentence."
"Admiral Fowler, would you announce the sentence please."
"Captain Wakeman, this court-martial sentences you to receive a letter of reprimand, to be placed in your permanent service record, for your failure to exercise command functions and your reckless operation of the spacecraft entrusted to your command by the United States Navy. It is also the unanimous recommendation of this court-martial that your qualifications to command units of the United States Navy or other portions of the Armed Forces of the United States be reviewed to determine whether sufficient grounds exist for their being revoked for cause."
Paul blew out a long, slow breath. They didn't convict him of very much, but they're still hanging Wakeman in a way. His career is dead from this point forward, and everything he may have accomplished in the past is now overshadowed by this verdict and sentence. He'll never be promoted again, and if he's smart he'll retire as fast as he can put his papers in. I guess that's the bone being thrown to the SASALs. We're not saying we're at fault, but we're not letting the individual directly responsible off, either. Is that just? I think so. Wakeman is getting what he deserves and no more than that.
But, then, I didn't have relatives among that SASAL crew. Nothing we could have done to Wakeman would have brought them back, though.
Fowler looked around the court room, then nodded to Judge Holmes. "That's all."
"Thank you, Admiral." Holmes called Wakeman to his feet again and began reciting a long statement regarding Wakeman's right to appeal and the judicial review process which the court-martial's record would undergo. Paul let his attention wander from the legal boilerplate, really relaxing for the first time in he didn't know how long. A momentary silence caught his attention again, and he saw Judge Holmes scanning the court room. "The court-martial is adjourned."
* * *
Paul sat still while everyone filed out of the courtroom, waiting until almost all the others had left before approaching Lieutenant Commander Garrity at the defense table. "Ma'am, is there anything else I need to do?"
She smiled at him. "No, Ensign Sinclair. You did everything you needed to do."
Captain Wakeman, who'd been sitting silently since the court-martial adjourned, stood up abruptly. Wakeman faced Paul, his expression stern yet also indecisive, then shook his head and walked away without a word.
For some reason, despite everything which had happened, Wakeman's reaction still stung Paul. "I don't suppose I should have expected Captain Wakeman to thank me."
Garrity looked at Wakeman's back as he left the courtroom. "I don't think I'm abusing attorney-client privilege if I tell you that Captain Wakeman probably didn't thank you because he genuinely has no idea why you testified in his defense. His universe doesn't have much room in it for the concept of altruism."
"I should know him well enough to understand that without your telling me. But . . ."
"He's probably also still trying to figure out what you hoped to gain by doing it."
"Ma'am, I'm still not sure of that myself." Paul caught a glimpse of Kris Denaldo standing for a moment just outside the door, and felt a sudden chill as the conversation and the sight of her brought to his mind something which hadn't occurred to him before. Kris told me Jen admired my idealism. But Jen doesn't like people who have weak characters. If Jen had known I was unhappy with what was being done to Wakeman but that I didn't have enough guts to do anything about it, would she have reached the same decision about us? Was it just her orders to the Maury that made up her mind, or did my decision play a part, too? She'll probably never tell me, but if I know Jen, I also know it mattered to her, perhaps enough to make all the difference. "Maybe I did gain something very important. Something I had no idea was on the line."
"Besides your self-respect, and the knowledge you have the resolve to act upon what you believe in? Those aren't small things."
"No, they aren't. But the other thing's really important. To me, anyway. At least, I hope it turns out to be. Thank you, Commander Garrity."
"Don't you be thanking me, Ensign Sinclair." She offered Paul a handshake. "Thank you. I can honestly say that your testimony is most likely the only thing that kept Captain Wakeman from being convicted on at least a few more of the most serious charges, and suffering a much more severe sentence. The prosecution clearly established that Captain Wakeman failed in many respects to live up to the leadership responsibilities of a ship's commanding officer. As Captain of the USS Michaelson, he would have been responsible for what he described as the failure of his crew to be able carry out their duties. But even in his defense I couldn't find much evidence of su
ch a failure."
"Then why didn't the court-martial hammer Wakeman? If they thought the crew wasn't responsible, then Wakeman would've had to be the one who failed."
Garrity nodded. "There's no question that had Captain Wakeman paid more attention to the support some of his crew offered, he would not have found himself and his ship confronting the situation they did. I'm only guessing, but I believe the members concluded that Captain Wakeman's failure to listen to his officers and subsequent flawed decisions didn't rise to the necessary levels of culpable negligence or dereliction of duty needed to convict Wakeman on those charges. I've no doubt the members disapproved of Wakeman's decisions, but it's a fact of naval service that when Captain Wakeman was placed in command of the USS Michaelson he was granted the authority to use his own discretion for better or worse. And your testimony established that his orders left reasonable room for arguing that Wakeman's decisions fell within the wide discretionary boundaries established by those orders. Thanks for playing such a critical role in the case, although I admit neither I nor anyone else expected that of you when all this started."
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