A Just Determination ps-1

by John G. Hemry

  "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 ship 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."

  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 t
hreat 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 arm 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."