Analog SFF, July-August 2009

by Dell Magazine Authors

"No, ma'am. Thank you, ma'am.” The master-at-arms held open the door to the courtroom and Jen walked inside.

  Despite all of her mental preparations, the feelings almost overwhelmed her. The despair, the humiliation, the confusion as the government had steadily piled up circumstantial evidence claiming she had sabotaged her own ship. It took all of Jen's self-control to shake off the feeling of panic that rose within her. I wish Paul was here.

  She knew where the defendant's table was and paused for a moment looking at it in front of her before taking a seat in the first row of chairs behind the table. Aside from the lack of spectators, the courtroom had a standard arrangement, with the judge's elevated bench in front, the witness chair beside it, the defense and trial counsels’ desks facing the judge's bench, rows of empty chairs normally for the use of spectators behind them, and off to one side a long table draped with a navy blue cloth where the members of the court would sit. She wondered who those members, the jury in this court-martial, would be.

  Lieutenant Turen arrived soon afterward, giving Jen a worried look but nodding in greeting. Some time later the trial counsel arrived. Major Hue seemed quietly competent, his Marine uniform a contrast to the Navy uniforms of the others. At one point Major Hue spotted Jen, frowned, and consulted his data pad. He gave Jen a curious look, but then went back to his preparations.

  Half an hour before the trial was scheduled to begin Chief Sharpe came striding down the aisle between the spectator chairs and straight to the defense table. Sharpe, in his finest uniform, greeted Lieutenant Turen, then as he was sitting down noticed Jen, initial surprise turning into a worried glower. “Ma'am, what the—"

  Jen silenced him with a look. “At ease, Sheriff. I'm helping the defense."

  Sharpe looked toward Turen. “But—"

  "I already know. Stay focused, Chief."

  Just before 1000 the bailiff walked through the courtroom looking for problems, then back to stand by the door through which the judge would enter. “All rise."

  Everyone came to attention, and Captain Halstead walked up to the judge's bench, taking his seat. “This Article 39(A) session is called to order. You may be seated."

  Major Hue stood. “The court-martial is convened by general court-martial convening order 0334, Commander, United States Space Forces, copies of which have been furnished to the military judge, counsel, and the accused. The charges have been properly referred to the court-martial for trial and were served on the accused on 18 August 2104. The accused and the following persons detailed to the court-martial are present: Captain Halstead, Major Hue, Lieutenant Commander Nasser, Lieutenant Brook, Captain Daladros, Lieutenant Turen, Master Chief Petty Officer Kobo, Senior Chief Petty Officer Polaski."

  "Very well. Bailiff, please ask the members of the court-martial to enter."

  The bailiff went to another door, cracked it, nodded, then stood aside. “All rise."

  Jen watched as the members entered. LCDR Nasser was a space warfare officer. He'd likely be tough. Lieutenant Brook was an intelligence officer, so it was hard to tell what she'd be like. Captain Daladros, a Marine whose rank was equivalent to a Navy lieutenant's, bore an impressive set of ribbons on the left breast of her uniform. Master Chief Kobo was a radio specialist, while Senior Chief Polaski was a bosun's mate.

  "You may be seated,” the judge ordered the rest of the courtroom again as soon as the members had sat down. “Continue, Trial Counsel."

  First Major Hue and then Lieutenant Turen faced the judge's bench, each reciting the standard legal boilerplate establishing that they had been properly assigned to the court-martial, were qualified and sworn, and had not acted in any way that might disqualify them from serving in the court-martial.

  Captain Halstead looked at Sharpe. “Chief Petty Officer Ivan Sharpe, you have the right to be represented in this court-martial by Lieutenant Turen, your detailed defense counsel, or you may be represented by military counsel of your selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have Lieutenant Turen, your detailed counsel, continue to help in your defense. Do you understand?"

  Sharpe, standing also, spoke clearly. “Yes, sir. I understand."

  "In addition, you have the right to be represented by civilian counsel, at no expense to the United States. Civilian counsel may represent you alone or along with your military counsel. Do you understand?"

  "Yes, sir."

  "Do you have any questions about your right to counsel?"

  "No, sir."

  "Who do you want to represent you?"

  "Your Honor, I wish to be represented by a military attorney of my choice. Commander Alexandra Carr, United States Navy."

  The courtroom went totally silent, the judge and trial counsel staring at Sharpe and the few other occupants watching them. Finally, Captain Halstead cleared his throat. “You understand, Chief Sharpe, that you are allowed to request a specific military attorney, but that the attorney must be reasonably available?"

  "I do, Your Honor."

  Major Hue shook his head. “Your Honor, Trial Counsel wishes to point out that Commander Carr is currently stationed on Earth.” He held up his data pad. “I have just confirmed that she is assigned to the Joint Legal Team for the Washington Military District. While not wishing to deny Chief Petty Officer Sharpe his right to chose his own counsel for the defense, I must argue that this does not meet any accepted definition of ‘reasonably available.’”

  Lieutenant Turen stood up, his expression apologetic. “Your Honor, notwithstanding Commander Carr's assigned duty station, it is my understanding that Commander Carr is currently physically located just outside of this courtroom."

  This time the silence reigned longer. Finally, Judge Halstead pointed toward the door. “Why don't we ask her to join us, Defense Counsel?” Lieutenant Turen walked quickly to the back of the courtroom, opened the door, then stood aside as Commander Carr walked in.

  Jen barely kept from laughing at the expression on Major Hue's face. The judge couldn't seem to decide whether to smile or to frown, but finally settled on a scowl. “I don't approve of theatrics in my courtroom. Who were trying to impress with that little show, Commander Carr?"

  Carr stopped before the judge's bench, speaking respectfully. “My apologies if this appeared theatrical, Your Honor. The government's insistence on limiting access to the courtroom forced me to remain outside until I was named by the defendant as his choice for counsel."

  Halstead didn't appear to be mollified by the explanation. “How long have you been on this station, Commander?"

  "I arrived on this morning's shuttle, Your Honor."

  "You've been on the station less than two hours? Do you feel capable of acting as counsel for the defense, or will that require the court to order a recess to give you time to prepare?"

  "I've been in contact with Lieutenant Turen and feel capable of acting as Chief Petty Officer Sharpe's counsel in this trial without need for a recess, Your Honor."

  The judge studied Carr for a while, his eyes intent, then nodded. “Trial Counsel, does the government have any cause for challenge against Commander Carr?"

  Major Hue gave Carr a hard look. “Given the classified nature of these proceedings, the government feels it is necessary to establish what brought Commander Carr to this station at this time and led her to be in contact with Lieutenant Turen, Your Honor."

  Carr nodded, perfectly calm and composed. “I initiated contact with Lieutenant Turen when informal information from other sources revealed that Chief Sharpe was facing trial, Your Honor. Those sources notified me only of the fact of a trial, not of specific charges, evidence, or other classified information. I received formal approval from my chain of command to discuss the case with Lieutenant Turen prior to contacting him."

  "Why did you get involved?” the judge asked. “Are you saying you are personally acquainted with Chief Sharpe, Commander?"

  Carr turned sli
ghtly to indicate Sharpe. “I know him because he was a witness in some of the cases I prosecuted while assigned here, Your Honor. He rendered important assistance to my cases."

  "That scarcely seems adequate reason to become so involved in this case, Commander,” the judge pressed.

  "I had other personal reasons for visiting the station and getting involved in the case, Your Honor, which I will be happy to discuss with the judge and Trial Counsel in closed session."

  "Personal reasons?” Halstead asked. His eyes came to rest on Jen before going back to Carr. “The court is willing to accept Commander Carr's explanation. Does Trial Counsel wish to insist upon a formal challenge to her presence here?"

  Hue seemed to be thinking and now shook his head. “No, Your Honor."

  Halstead waved toward the defendant's table. “Then you may assume your duties as counsel for the defense, Commander. Lieutenant Turen, you are excused."

  Lieutenant Turen spoke with a trace of pleading in his voice. “Your Honor, I respectfully request that the court allow me to remain as an observer for the trial."

  "Does the government object?” the judge asked.

  Major Hue smiled crookedly. “Lieutenant Turen is already fully aware of all matters in this case, Your Honor, and observing the trial would no doubt provide him with invaluable experience. He can serve as Defense Counsel's assistant."

  Carr smiled politely. “Defense Counsel has no objection to Lieutenant Turen observing the trial, but desires to retain her current assistant."

  Hue shook his head. “Your Honor, I didn't intend making an issue of Lieutenant Shen's presence in this courtroom, but in conjunction with Commander Carr, I believe her presence might be prejudicial to a fair and impartial trial."

  "Is Trial Counsel suggesting that the current case bears any relationship to the case involving Lieutenant Shen?” Carr asked.

  "Of course not. But the members might erroneously draw such a connection."

  Carr was in full lawyer mode, addressing the judge with precise and earnest words. “Your Honor, the charges against Lieutenant Shen were dismissed with prejudice. As far as the government is concerned, nothing regarding those charges or her court-martial prior to that dismissal can ever be used against Lieutenant Shen. If she is excluded from this courtroom on the grounds that she was so charged, then the government will be taking prejudicial actions against Lieutenant Shen solely on the basis of those charges and that trial. Such a challenge cannot be legally admissible."

  Halstead was listening, his mouth twisted, one hand slowly turning the gavel he held. “Defense Counsel makes an excellent point, Trial Counsel. Do you have a rebuttal?"

  Major Hue looked down for a long moment, then raised his eyes and shook his head. “No, Your Honor. Trial Counsel will raise no further objection to the assistant for the Defense Counsel."

  "Very well.” Halstead looked at Carr, his face stern again. “But if any more theatrics take place, including any involving your assistant, Commander, then I will revisit this issue. Is that understood?"

  "Yes, Your Honor. I now request five minutes to assume duties as defense counsel."

  "Granted.” Halstead waved one hand in permission and Carr walked over to the defense table, unsmiling. “Thanks,” she told Turen as he vacated his seat, then Carr turned toward Sharpe. “How are you feeling, Chief?"

  Sharpe seemed to be trying not to grin as he looked from Carr to Jen. “Better than I have in quite a while, ma'am."

  "Good, but even Lieutenant Shen and I can't guarantee the outcome of this trial. Look professional, look concerned, look offended if appropriate. Don't look cocky or confident. Understand?"

  "Yes, ma'am."

  Three minutes later Major Hue walked to stand before the judge's bench. “The general nature of the charges in this case allege failure to follow lawful orders in the face of the enemy, which actions in turn placed at additional hazard a major government installation. The charges were preferred by Commander, United States Naval Space Forces, and forwarded with recommendations as to disposition to Commander, United States Space Forces. Your Honor, are you aware of any matter which may be a ground for challenge against you?"

  "I am aware of none,” Halstead replied.

  "The government has no challenge for cause against the military judge."

  Commander Carr stood. “The defense has no challenge for cause against the military judge."

  Halstead faced Sharpe again. “Chief Sharpe, do you understand that you have the right to be tried by a court-martial composed of members and that, if you are found guilty of any offense, those members would determine a sentence?"

  "Yes, sir."

  "Do you also understand that you may request in writing or orally here in the court-martial trial before me alone, and that if I approve such a request, there will be no members and I alone will decide whether you are guilty and, if I find you guilty, determine a sentence?"

  "Yes, sir."

  "Have you discussed these choices with your counsel?"

  "I have, sir."

  "By which type of court-martial do you choose to be tried?"

  Sharpe didn't hesitate. “By members, sir."

  "Very well. The accused will now be arraigned."

  Major Hue faced toward Sharpe as well. “All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?"

  Sharpe, still on his feet, nodded as he replied. “Yes, sir, I do."

  "Very well. Chief Master-at-Arms Ivan Sharpe is charged with violations of the following articles of the Uniform Code of Military Justice.

  "Article 91, Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. In that Chief Petty Officer Ivan Sharpe, United States Navy, having received a lawful order from Peter Wilmont, a master chief petty officer, then known by the said Ivan Sharpe to be a master chief petty officer, to immediately fire upon an individual who was one of the terrorists then assaulting Franklin Naval Station, an order which it was his duty to obey, did, on board Benjamin Franklin Naval Space Station, on or about 6 July 2104, willfully disobey the same.

  "Article 92, Failure to obey order or regulation. In that ... Ivan Sharpe ... having knowledge of a lawful order issued by Master Chief Petty Officer Peter Wilmont to immediately fire upon an individual who was one of the terrorists then assaulting Franklin Naval Station, an order which it was his duty to obey, did ... fail to obey the same.

  "Article 99, Misbehavior before the enemy. Specification One. In that ... Ivan Sharpe ... did ... in the presence of the enemy, endanger the safety of Franklin Naval Station, which it was his duty to defend, by disobeying an order from Master Chief Petty Officer Peter Wilmont to engage the enemy. Specification Two. In that ... Ivan Sharpe ... being in the presence of the enemy, did ... by refusing an order to engage the enemy, willfully fail to do his utmost to defeat that enemy, as it was his duty to do.

  "Article 108, Military property of the United States—sale, loss, damage, destruction, or wrongful disposition. In that ... Ivan Sharpe ... did ... without proper authority, willfully suffer a large section of Franklin Naval Station, military property of the United States, to be damaged by allowing enemy forces additional time to commit acts of destruction against said property.

  "The charges are signed by Commander, United States Naval Space Forces, a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces authorized to administer oaths, and are properly referred to this court-martial for trial by Commander, United States Space Forces, the convening authority."

  Jen tried to keep her face calm as the charges were read. She knew some of them had to be serious to justify a general court-martial, but it had still been difficult to hear Sharpe charged with misbehavior before the enemy.

  Captain Halstead turned to Sharpe again. “Chief Sharpe, how do you plead? Before receiving your pleas, I advise you that any motions to dismiss any charge or grant other r
elief should be made at this time."

  Commander Carr stood for a moment. “The defense has no motions at this time."

  Sharpe, his uniform and bearing so perfect that he looked like a recruiting advertisement for the service, faced the members. “I plead not guilty to all charges and specifications."

  "Very well,” the judge responded. “Does the prosecution have an opening statement?"

  "I do, Your Honor.” Major Hue looked toward Sharpe, then at the members. “During the assault upon Franklin Naval Station last July, the very survival of the station and the personnel embarked on the station demanded the utmost from all personnel. In this time of crisis, Chief Petty Officer Sharpe willfully failed to live up to those demands, instead taking actions that resulted in increased risk to this station and everyone upon it. Chief Sharpe should be found guilty as to all charges and specifications, for his failures not only imperiled this station and its personnel, but also acted to negate the sacrifices of those dying to save it."

  Commander Carr walked out in front of the defense table as Major Hue sat down. “The defense contends that, contrary to the charges lodged against him, Chief Sharpe did everything possible to defend this station, that his actions were appropriate and proper under the circumstances, and that claims his action increased the peril to Franklin Naval Station are exaggerated and without foundation."

  Carr returned to the defense table and the judge indicated Major Hue. “You may proceed, Trial Counsel."

  "Thank you, Your Honor. The prosecution calls as its first witness Captain Karl Dila."

  Jen's department head walked into the courtroom with the slightly distracted air he usually wore, as if Dila was constantly mentally calculating stress coefficients in surrounding structures. As he took his seat in the witness chair, Major Hue stood respectfully before him. “Do you swear that the evidence you give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, so help you God?"

  "Yes, I do."

  "Are you Captain Karl Dila, United States Navy, assigned to the engineering department on Benjamin Franklin Naval Space Station?"