"I withdraw the question. No further questions."
"Do the members wish to question the witness?"
Admiral Fowler looked to either side. "Apparently not."
Paul took a deep breath as Lieutenant Sindh stood and walked down off the witness stand. I wonder if I'll do half as good as Sindh did? Sindh's a lot more experienced with handling pressure than I am, and Wilkes will be gnawing on me during cross-examination, not Garrity. The members were impressed enough by Sindh not to even ask her anything. What'll they do to me?
Judge Holmes looked out over the courtroom. "The court-martial is closed. It will reconvene at ten hundred tomorrow morning in this courtroom."
Paul looked toward the back of the room as he stood. As she'd predicted, Jen wasn't there.
Carl spotted Paul looking his way and mimed a flat hand across his throat as he shook his head. The message You're going to have a rough time was unmistakable.
Thanks, Carl. Like I needed you to tell me that. I hope Jen has something pleasant to talk about.
Paul rapped a couple of times on the bulkhead next to the port ensign locker, then stuck his head inside. Jen Shen and Kris Denaldo were both in the stateroom, seated at their desks, Kris as usual absorbed in her work even though it was after normal working hours. "Hey, Jen. You asked me to look you up after the trial."
Jen leaned back in her chair, grinning at Paul. "Yeah, I did. I got some really good news, Paul."
"Really good news? What's that?"
"I got orders."
"Huh?" Paul felt a sinking feeling in his gut. How can Jen have orders? A normal tour of duty for a junior officer on a ship lasts three years. "Transfer orders?"
Jen fingered the gold bar on her collar and nodded. "Yeah. I got split-toured."
"Split-toured?"
"Instead of three years on the Michaelson, I get about a year and half on this tub, and then a year and a half on another ship. It wasn't going to happen, because we were supposed to be out on patrol a few more months and that would have screwed up the timing, but since we got back early they were happy to use me to fill an upcoming vacancy on another ship. Cool, huh?"
Paul tried to absorb the news, and not let show how he felt inside. "When's your transfer?"
"About two weeks."
"What?" Jen's leaving? So soon? She's my best friend on this ship. Maybe my best friend ever. Oh, hell. "How… how can you do that? I thought transfers were frozen until the end of the court-martial, and we don't know when that'll be, yet."
"I'm transferring to the Maury. She's in long-term refit, so I guess they're not worried about me going anywhere even if the court-martial does drag on that long. So, yahoo! I'm getting off the Merry Mike! Aren't you happy for me, Paul?"
"Sure. Sure I'm happy. That's great, Jen."
"Why, Paul. You look a little down. Doesn't he look down, Kris?"
Denaldo glanced at Paul. "Definitely."
"Are you going to miss me, Paul?"
"Sure I'm going to miss you."
"That's sweet. Isn't that sweet, Kris?"
"Definitely."
"I've got an unofficial farewell party at Fogarty's tomorrow night. All the best junior officers will be there. You're coming, right?"
"Sure. Wouldn't miss it for the world."
"Good. It wouldn't be the same without you. Can you make sure Paul gets to it, Kris?"
"Definitely."
Paul looked from Kris to Jen. Kris isn't upset. Jen's happy. Why shouldn't she be? Why shouldn't I be? Jen's getting off this ship, and more power to her. We don't know what the new captain will be like, Jen and the XO don't get along, and her department head isn't any prize. It's pretty selfish of me not to be happy for her. "Is that all you wanted to talk about, Jen?"
She smiled up at him. "Yup."
"Okay. Well, I need to catch up on the work I missed today, so I guess I'll see you tomorrow night."
"Oh, I'm sure I'll see you at the court-martial, too. We'll wave."
"Uh, yeah. Well, see you then." Paul headed slowly for the starboard ensign locker. Home sweet home. A little confined space on a ship full of little confined spaces, where I spend every day working my butt off and getting yelled at. And just to make life even more pleasant I had to go and decide to be both noble and stupid like Jen said and stand on principle when it's not going to matter to anyone and is likely to get me shredded into hamburger on that witness stand. Then just to top it all off the one person I can always talk to about things is leaving. Man, life sucks. And there's nobody to blame but myself.
Much of the morning of the next day was spent introducing exhibits, the trial counsel and the defense counsel haggling over which should be introduced and what, if anything, they meant. After an extended period devoted to that, Wilkes brought up a display in which a simulation of the Michaelson 's encounter with the SASAL ship played out. At decisive points, Wilkes cited the testimony of Garcia and Sindh to point out Wakeman's decisions and alleged failures. Paul found himself wincing, sick inside, as simulated weaponry flayed the simulated SASAL ship. Real people had died in the event portrayed there. Every once in a while he still saw the shocked face of the dead SASAL sailor in his dreams.
More witnesses were called, personnel from fleet staff who testified to the content and meaning of standing orders and instructions. A chorus of witness all joining in the same refrain: that Captain Wakeman had failed to follow the guidance contained in those documents. Garrity, like a desperate soldier fighting a hopeless rearguard battle, failed to halt the prosecution onslaught created by matching Wakeman's acts to the written words which were supposed to govern his actions.
Paul sat in his seat through lunch, not hungry and not feeling social. Carl Meadows came by as lunch was ending, looking at Paul with concern. "Where were you?"
"I'm okay."
"I didn't ask that. Jen, Kris and I are seated in the back if you need distant moral support."
"I know. Thanks."
"You sure you're okay?"
"Just a little wired, that's all."
"Kris says she has orders from Jen to personally escort you to Jen's farewell tonight and that she'll do it if she has to drag you every step of the way."
Paul managed a smile. "I'll be there."
The trial counsel only had one witness left who'd been scheduled but not yet called. Paul didn't think he'd ever concentrated so carefully on anything as much as he did now when she took her place on the witness stand. Commander Wilkes was culminating the second day of the court-martial with the witness who could be the most damaging to Wakeman. If she chose to be.
"Commander Herdez. How long have you served as executive officer of the USS Michaelson?"
"Approximately one year." Nothing about Herdez, her face, her voice, the way she sat straight-backed in the witness chair, gave a clue to her thoughts or feelings.
"And Captain Wakeman has commanded the Michaelson during that entire period?"
"Yes."
"What is your professional degree of confidence in Captain Wakeman's judgment?"
"Captain Wakeman was the captain of my ship."
Wilkes waited a moment, as if expecting Herdez to say more. "Meaning?" he finally prodded.
"Meaning that it was my duty to implement his orders to the best of my ability."
"I'm sorry, Commander Herdez, but I'm asking about your confidence in Captain Wakeman."
"And I am telling you he was the captain of the USS Michaelson. It was my duty to follow the captain's orders. It was not my duty to make evaluations of the captain's judgment."
Wilkes stared at her silently for a moment. "Very well, Commander. It was also your duty to offer advice to the captain of your ship when circumstances warranted, correct?"
"Yes."
"What was your advice concerning pursuing the SASAL ship outside of your patrol area?"
"I believe that advice was offered in confidence."
"Would the court direct the witness to answer?"
Judge H
olmes nodded. "So directed. Commander Herdez, you will answer questions regarding any advice given by you to Captain Wakeman concerning the incident in question."
"Yes, ma'am." Herdez didn't seem fazed by the rebuke. "I told Captain Wakeman that in my opinion we had carried out our responsibilities by chasing the SASAL ship from our patrol area."
"Then you told him you did not recommend pursuing the SASAL ship outside of your patrol area?"
"Yes."
"What was Captain Wakeman's response?"
"He disagreed."
Captain Feres coughed to cover up a laugh.
"What did Captain Wakeman say?" Wilkes pressed.
"He said he believed we should pursue and intercept the SASAL ship."
"Did he say why?"
"He felt our orders required such action."
"Is that the only reason he gave?" Herdez paused before replying. "I'll remind the witness she is under oath."
For the first time, emotion flashed across Herdez' face. "I did not need to be reminded of that fact," she stated icily. "Captain Wakeman stated that seizing the SASAL ship would generate a favorable reaction toward the ship from our fleet staff."
"A favorable reaction toward the ship? Or toward Captain Wakeman personally?"
"Captain Wakeman did not specify."
"He said nothing about believing intercepting the SASAL ship would be a feather in his personal cap?"
"I don't recall his exact words."
"But he did express the hope that he personally would gain favorable recognition as a result of his actions?"
"Yes."
"I see." Wilkes paced back and forth a few steps. "What about when you were closing on the SASAL ship? Did Captain Wakeman ask your advice during that period?"
"No."
"Not at all?"
"No."
"Don't you regard that as unusual? Negligent, even?"
"The captain of a ship is not required to ask advice of his or her subordinates."
"But doesn't a wise captain do so?"
"Some do and some don't, Commander Wilkes. I'm not in a position to comment on their professional judgment, either."
This time Feres just cleared his throat.
Wilkes stood directly in front of Herdez. "Isn't it a fact that prior to Captain Wakeman firing the shot across the bow of the SASAL ship, you publicly questioned the wisdom of that act?"
"No, it is not."
"You called to the captain across the bridge, pointed out that you were outside of the American territorial area, and raised the question of whether use of force under those circumstances was covered your orders, did you not?"
"Yes. But those actions do not add up to publicly questioning the wisdom of the captain's actions."
Wilkes smiled. "Would you then characterize your questions as attempting to alter a course of action which Captain Wakeman seemed intent on pursuing?" Herdez hesitated again. "Commander?"
"Yes."
"Yes, you were attempting to dissuade the captain from firing that shot?"
"Yes."
"And what was Captain Wakeman's response?"
"He asked Ensign Sinclair, the ship's legal officer, if our orders could be interpreted as justifying his action."
"So he turned aside your concerns. He ignored the obvious intent of your question and instead turned to the most junior officer on the ship for some form of justification for the course of action Captain Wakeman had already decided upon. Isn't that correct?" Herdez sat silent, her face revealing nothing. "I asked you if that is correct, Commander."
"That is one possible way of describing events."
"And once the SASAL ship had altered course, once it had begun closing on the Michaelson, did Captain Wakeman follow the advice of anyone else?"
"I don't recall-"
"The ship's log indicates Commander Garcia more than once recommended that Captain Wakeman maneuver the Michaelson to open this distance between the ships. Did Captain Wakeman order his ship to maneuver?"
"No."
"Several individuals heard you caution Captain Wakeman that the SASAL ship could be continuing its pattern of perceived harassment. Do you recall doing that?"
"Yes."
"Did Captain Wakeman acknowledge your advice?"
"No."
"Did Captain Wakeman begin to panic as the SASAL ship closed on the Michaelson?"
"Objection." Lieutenant Commander Garrity motioned toward Herdez. "Trial counsel is asking Commander Herdez to comment on Captain Wakeman's state of mind."
"I will rephrase. Did Captain Wakeman appear to panic as the SASAL ship closed on the Michaelson? Commander Herdez?"
"Captain Wakeman appeared agitated."
"Agitated? Did he appear to be in control of the situation?"
"There was no way for Captain Wakeman to control the actions of the SASAL ship."
"Did Captain Wakeman appear to be in control of the situation on the bridge of his own ship? Or was he simply reacting to events which he had allowed to get totally out of hand?"
"Objection."
"I withdraw the question. Commander Herdez, whose decision was it to pursue the SASAL ship?"
"Captain Wakeman's."
"Whose decision was it to fire a warning shot at the SASAL ship?"
"Captain Wakeman's."
"And whose decision was it to fire on the SASAL ship itself, killing its entire crew and crippling the vessel?"
"Captain Wakeman."
"You're an experienced fleet officer with an impeccable record, Commander Herdez. Would you have done any of those things? Would you have made any of those same decisions? Would you have ignored the advice of everyone around you?"
Herdez took a long moment to reply. "I was not the commanding officer. The ultimate responsibility for the safety of our ship, for executing our orders and carrying out our mission, did not rest with me."
"You're saying you would have done all those things, Commander? Exactly as Captain Wakeman did?"
"I am saying I cannot claim to know what I would have done had the burden of command rested upon me."
Wilkes smiled slightly. "I have no further questions at this time."
Lieutenant Commander Garrity walked slowly toward Commander Herdez. "Commander, how long had the Michaelson been on patrol before the encounter with the SASAL ship?"
"Approximately ten weeks."
"And during that ten week period, how many ships had come anywhere near the Michaelson?"
"Once we left the vicinity of Franklin Station we had very few encounters with other shipping."
"And most of those encounters were at great distances, weren't they? Yet, during the incident with the SASAL ship, you suddenly found yourselves in a very fast moving situation. Do you think any crew could have performed optimally under those circumstances?"
"I kept the crew well-trained, Commander Garrity."
"I don't doubt that, ma'am. But there's no substitute for actual practice, is there? Would you agree the crew was unpracticed in dealing with such a fast-moving situation?"
"Yes."
"Could this have affected the support they provided to Captain Wakeman?"
A pause. "Yes."
"Commander Herdez, your loyalty to your commanding officer is obvious and commendable. But Captain Wakeman is no longer your commanding officer. Why are you clearly unwilling to condemn his actions?"
Herdez gazed back at Garrity. "My duty as the executive officer is to support my ship's captain to the best of my ability. The moment I lose the confidence of my ship's captain I am no longer able to carry out that duty."
"And that is why you refuse to second guess the decisions Captain Wakeman made during a fast-moving situation in which he believed his ship to be in danger?"
"That is why I refuse to second guess any decision by my ship's captain."
"Thank you, Commander Herdez. No more questions."
Wilkes stood. "I'd like to redirect. Commander Herdez, you said your crew was well-trained. Do
you believe they were incapable of providing effective support to Captain Wakeman during the encounter with the SASAL ship?"
Paul gritted his teeth. He's got her there. Herdez either says she failed to train the crew properly, or admits she did and that Wakeman didn't listen to them.
Herdez shook her head. "No."
"So the crew was capable of providing effective support to Captain Wakeman?"
"Yes."
"Commander Herdez, if Captain Wakeman ordered his ship to ram Franklin Station, would you regard it as your duty to support his actions?"
Herdez almost seemed to smile for an instant before responding. "That situation has never arisen, Commander Wilkes, so I am unable to evaluate whatever factors might have led Captain Wakeman to make such a decision."
"You think there are circumstances under which such a decision would be supportable?" Wilkes let his voice rise with incredulity.
"Yes."
"Such as?"
"Occupancy of Franklin by hostile forces intent upon using its resources against us. Emergency destruction of the station following its evacuation. Maintaining a collision course with the station rather than undertaking avoidance maneuvers which would cause the loss of more critical assets. Emergency destruction of the Michaelson to neutralize an onboard threat to humanity. Orders directing-"
"Thank you, Commander Herdez." Wilkes shook his head as he returned to his seat. "No further questions."
"Do the members have any questions for Commander Herdez?"
Admiral Fowler regarded Herdez carefully, as if she represented an intriguing puzzle. "Commander Herdez, throughout the sequence of events leading up to the destruction of the SASAL ship by the USS Michaelson, did you ever question the correctness of Captain Wakeman's decisions?"
"Sir, I provided Captain Wakeman with my input to his decision process whenever I deemed it appropriate."
"But Captain Wakeman didn't pay a lot of attention to your input, did he?"
"He wasn't required to, sir."
"Did you agree with his decisions?"
"It wasn't my duty to agree or disagree with the captain's decisions, sir. My duty was to implement his decisions."
A Just Determination ps-1 Page 23