Rule of Evidence ps-3

by John G. Hemry

  "Mr. Zimmer." Bashir smiled encouragingly. "What is your current position?"

  Zimmer ducked his head and smiled back as he answered. "Team supervisor, Franklin Naval Shipyard."

  "Did you work on the USS Maury during her recent overhaul?"

  "Yes, sir. I certainly did." Zimmer nodded firmly. "Shift on and shift off for months. There's not all that much to do up here but work, so we usually work shift on and shift off."

  "Yes, Mr. Zimmer. What can you tell us about the work you observed during that time?"

  "Oh, we had some problems. Yeah. Drugs. Booze from local stills. Sloppy work. You name it."

  Paul wanted to believe Zimmer, but at the same time he found his testimony a little too good. How could all that have been missed by the people overseeing the work on the Maury? And Jen never said anything to me about the work being exceptionally sloppy. He looked at her, but Jen's face wasn't revealing anything.

  Bashir leaned closer as he pressed Zimmer. "Miswiring?"

  "Sure."

  "Safety rules ignored?"

  "All the time."

  "Work not done according to specifications?"

  "Yeah."

  "Do you have any estimate as to what the combined effect of all this on the engineering systems of the Maury would be?"

  Paul looked toward Carr, expecting her to object, but she simply watched Zimmer.

  Zimmer shook his head with a sorrowful expression. "Bad. I mean, I don't know how bad. But it wouldn't work like it should. No, sirree."

  Bashir paused, then nodded. "Thank you, Mr. Zimmer. No more questions."

  Commander Carr once again rose as if tired, staying behind the trial counsel's table. "Mr. Zimmer, how much time have you spent actually working at Franklin Naval Shipyard?"

  "Uh, lessee, came up in, uh, September, about."

  "Six months?"

  "Well, I didn't start for a few weeks 'cause of some paperwork issues-"

  "Five months."

  "About. Yes."

  "What is your primary area of work?"

  "Excuse me?"

  Commander Carr bent her head for a moment, then looked at Zimmer again. "What do you work on at Franklin Naval Shipyard?"

  "Ships!" Zimmer looked around at the reaction to his answer, then his face cleared. "Oh, you mean like, exactly, right? I'm a multi-system connectivity specialist."

  Carr nodded. "That means you run cables through the ship, right, Mr. Zimmer? Fiber optic, electrical, and other cables?"

  "Right."

  "Did you file any reports on this miswiring and safety violations and other problems you say you observed?"

  "Uh, well, now, I talked to some folks about it."

  "Did you file any formal reports?"

  "Uh, no."

  "How do you explain the fact that the records on the Maury 's overhaul at the shipyard show the work on her passed quality assurance inspections at every stage?"

  "I guess they missed some stuff."

  "How do you explain the fact that the Maury 's crew did not complain of the conditions you say were easily visible?"

  "I dunno."

  Commander Carr looked down at her table and shook her head again. "No more questions."

  McMasters gave Lieutenant Bashir a questioning look. Bashir shook his head. The judge turned toward the members. Captain Carney, smiling the same way he had with Lieutenant Falco, shook his head. "The witness is excused."

  Bashir had his head bent as Jen whispered to him with a fierceness that could be easily seen. He shook his head. She whispered again, her face stern. Bashir nodded and stood. "Your Honor, the defendant wishes to testify on her own behalf."

  McMasters seemed nonplussed for a moment. "You're kind of rushing things, aren't you, Lieutenant? If Lieutenant Shen wishes to make a sworn statement during that portion of the trial, she's free to do so."

  "Your honor, Lieutenant Shen wishes to testify as a sworn witness in her own defense."

  The judge bent a stern look on Jen. "Lieutenant Shen, I'd normally be giving these instructions a bit later in the trial, but I'll give them now to ensure you understand your rights. 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?"

  Jen stood to attention and nodded. "I understand, Your Honor."

  "And you still wish to testify at this time under oath?"

  "I do, Your Honor."

  Judge McMasters made a bemused gesture. "Very well, Lieutenant Shen. You may proceed."

  As Jen walked to the witness stand, her movements carefully controlled, Paul finally realized the implications of what was happening. Those were the only two witnesses Bashir could turn up, and they were both really weak. He couldn't find any real experts to testify for Jen. He couldn't find technical evidence to exonerate her. So now it's all up to Jen to defend herself, to try to convince the members of the court what I already know is true, that all the experts are wrong.

  Jen reached the witness stand and turned to face the courtroom. She slowly raised her right hand for the bailiff to swear her in. "Do you, Lieutenant Junior Grade Jenevieve Diana Shen, swear to tell the truth, the whole truth, and nothing but the truth, so help you God?"

  "I do." Jen sat, her back perfectly straight, her eyes scanning the courtroom before settling on the members of the court. Paul grimaced at her voice, so controlled and unemotional that it sounded almost robotic. But what else can she do? How else can she speak that wouldn't also look bad? Emotional is bad. Unemotional is bad She just has to be neither emotional or unemotional. One more trap for her in this court-martial.

  Lieutenant Bashir stood before her. "Lieutenant Shen, please describe in your words what happened onboard USS Maury on 21 February."

  She took a deep breath. "The engineering system on USS Maury had been displaying minor but erratic problems since we had come out of overhaul. Commander Juko told Lieutenant Schmidt and me that he was getting increasingly frustrated trying to deal with the problems. While each problem was individually minor, Commander Juko told us that he was concerned they might indicate some underlying problem that could prove more serious."

  Paul glanced over at Commander Carr, who was listening intently and taking notes, but not revealing any reaction.

  Jen swallowed and took another breath. "On the afternoon in question, we had just deactivated our anti-detection systems. That caused some fluctuations in power loads. Most of them seemed to be dealt with, but the after power coupling kept saying it was overloading and then immediately saying it wasn't. Up, down. Up, down. We couldn't figure out what the problem was by remote readings. I suggested sending one of our petty officers to check out the coupling in person. Commander Juko instead ordered me to go check it. He told me he wanted to be sure we could figure out what the problem was."

  Another pause, another breath. "I headed aft. I'd just cleared the after survival bulkhead when a tremendous shock shook the ship. I was hurled against the nearest bulkhead. When my head cleared, I could see the survival bulkhead had been badly damaged and the area I was in was decompressing. I accessed the nearest survival locker. Many of the suits had been damaged by fragments from the explosion, but I found an intact one. After donning it, I tried to open the hatch leading forward. It was jammed solid. Within moments of discovering this, enlisted personnel began entering the same area I was in, trying to find out what had happened and seeking safety. Since we couldn't patch the survival bulkhead with the means available to us, we salvaged as many intact
survival suits as we could and headed farther aft in search of undamaged compartments."

  Jen paused. "We initially followed instructions to wait for rescue, but without enough survival suits we determined that would result in the death of many of the personnel. So I took an enlisted crew member and proceeded forward again, attempting to make our way past the survival bulkhead in hopes of contacting the rest of the ship. When we finally found a route into the area where… where… the after engineering compartment had been, we encountered a few members of the crew conducting emergency repairs."

  "At no time did I take any action which could have caused the destruction of the engineering compartments on my ship. I did nothing which could have led to the deaths of so many of my shipmates, many of whom… whom… were my friends. I don't know why anyone, let alone me, would have wanted to harm them. I do not know what caused the events of 21 February. I do know I had nothing to do with them."

  Jen stopped speaking and abruptly looked straight at Lieutenant Bashir, unable to conceal her nervousness. Bashir smiled reassuringly. "Lieutenant Shen, when you said 'we' undertook various actions to ensure the safety and survival of the personnel in the after portion of the Maury, didn't you actually mean you did those things?"

  "I was the senior line officer present, Lieutenant. I had the responsibility to take command and order such actions as necessary given the situation in which we found ourselves."

  "Then you saved them. By your quick and effective actions. You saved twenty-one sailors."

  Jen swallowed again, then nodded. "I… did what I was supposed to do."

  "What was your reaction when you learned the extent of what had happened to the USS Maury?"

  She visibly paled at the question. "I…"

  "I'm sorry, Lieutenant Shen. Is it fair to say you were grief-stricken?"

  "Yes."

  "Horrified?"

  "Yes."

  "What was your reaction when you learned you would be charged with causing those events?"

  Jen's mouth worked for a moment before she answered. "Disbelief."

  "Do you know of any reason why you in particular should be held responsible for what happened?"

  "As God is my witness, no."

  "I'll ask this directly, Lieutenant Shen. Did you do anything, either any act of commission or omission, on or before 21 February, which in any way could've have contributed to the destruction of the engineering compartments on the USS Maury?"

  "I did not. I am offering sworn testimony to emphasize that I have nothing to hide. I did not commit the crimes of which I am accused. I could not."

  Lieutenant Bashir nodded, then faced Commander Carr with a challenging expression. "Your witness, ma'am."

  Judge McMasters exhaled heavily, then looked toward Carr as well. "Does trial counsel wish to cross-examine the defendant?"

  Paul looked over at the trial counsel's table. Commander Carr had her head bent as she massaged her face with both hands. Lowering her hands and raising her head, Carr stood slowly, focused on Jen, and began walking toward her. Jen's eyes flicked toward Paul, her face betraying no emotion now.

  Carr stopped before Jen and began speaking in a quiet but clear voice. "Lieutenant Shen, you've just testified to several things. You testified that Commander Juko, the chief engineer of the USS Maury, had stated concerns regarding the engineering system on the ship. Do you have any witnesses to this?"

  "Lieutenant Schmidt, Ensign Guerrero, Chief-"

  "Any living witnesses, Lieutenant?" Carr interrupted. "Anyone who can come to this stand or provide a statement supporting your testimony?"

  Jen shook head, eyeing Carr defiantly. "No. They're all dead."

  "Do you have any documentary evidence?"

  "No. Everything was destroyed."

  "You testified that the after power coupling was giving contradictory signals. Do you have any living witnesses to this?"

  "No."

  "No documentary evidence?"

  "No."

  "You testified that Commander Juko personally ordered you to go aft and investigate the power coupling. Are there any living witnesses who can corroborate this?"

  "No."

  "Any documentary evidence?"

  "No."

  Commander Carr looked downward, then back up. "What did you find at the after power coupling?"

  "I never got to it."

  "Are you aware that the investigation into the incident could find nothing wrong with the power coupling which was not clearly attributable to the shock of the explosions which the Maury suffered?"

  Jen's eyes were wide now, but she kept her gaze steady. "I have been told that."

  "Can you explain why the investigation found that there was nothing wrong with the power coupling when you claim to have been ordered to investigate problems with it?"

  "No. Commander Juko told me to check it."

  "We can't ask Commander Juko to confirm that, can we, Lieutenant Shen?"

  Jen's jaw tightened spasmodically. After a few seconds she managed to answer. "No."

  "How do you explain the fact that you reached safety from the explosions just moments before they destroyed the engineering compartments on the USS Maury?"

  "I…" Jen stared at Paul for a moment.

  I remember, Jen. You asked me 'why.' I couldn't tell you. How can anyone know the answer to that?

  "I…" Jen swallowed again. "I don't know."

  "You don't know?"

  "I don't know why the explosions happened then and not five seconds earlier!"

  Carr nodded, her own expression momentarily shifting in a way Paul couldn't decipher. "Thank you, Lieutenant Shen. Then you cannot offer any evidence to substantiate your account of events or any explanation as to how you happened to survive something which killed all of your co-workers?"

  Paul almost flinched from the look in Jen's eyes as she stared at Commander Carr. Now I really know what "if looks could kill" means.

  But Jen just shook her head. "Only my word as an officer."

  "Thank you, Ms. Shen. What were your relationships with the other personnel in engineering on the Maury?"

  "I… fine. Not perfect. Good working relationships."

  "That's it? Nothing closer with anyone?"

  "No!"

  "Not with your superior, Commander Juko? Not with Lieutenant Schmidt?"

  " No! That earlier testimony from Lieutenant Taber was bu-… totally unsubstantiated."

  Carr lowered her head again. From his angle, Paul could see her biting her lip, but when she raised her head Carr's face was composed. "Lieutenant Shen, have you ever had a physical relationship with another officer assigned to the same ship?"

  Paul felt his throat tightening so much he couldn't breath. Jen's face had frozen. A long moment passed. Jen didn't look at him again, even for an instant. She did have one. With me. Only after we both knew she was leaving the ship within a few days. But still, she had one. With me. And now she has to decide whether to lie about that. Under oath. But if she doesn't lie about it, it'll look bad.

  How did Carr find out? I never even hinted at it. Who else knew? Kris Denaldo wouldn't have — Paul's eyes jerked involuntarily over toward Commander Herdez. Herdez knew. As our XO back then.

  Even though she didn't return Paul's stare, Herdez moved her head back and forth slightly in a single, firm denial.

  "Objection!" Lieutenant Bashir was either angry or very convincingly faking it. "Trial counsel is introducing issues which were not part of the defendant's sworn statement."

  Carr shook her head. "Your Honor, the defendant made statements as to her relationships with others on the Maury. This is an elaboration on that."

  "Your Honor, there is-"

  Bashir subsided as McMasters held up one hand. "I'm sorry, Lieutenant. But Lieutenant Shen did address the issue when she described her relationships with her shipmates and when she made the very general statement that she knew of no reason why she'd want to harm her shipmates. That opens the matter for cross
-examination by trial counsel. Objection overruled. Proceed, Commander Carr."

  "Lieutenant Shen?" Commander Carr leaned a little closer. "Did you understand the question? Do I need to repeat it?"

  Jen closed her eyes for a moment, then opened them with every appearance of calm. "Yes, ma'am."

  "And what is your answer?"

  "Yes, ma'am."

  Carr kept her eyes on Jen even though she seemed to be addressing the entire courtroom now. "You've had physical relationships in the past with officers assigned to the same ship."

  " No, ma'am. I had a physical relationship with an officer during a period of six days in which we were still assigned to the same ship. That is the only time such a thing has ever occurred and it wouldn't have happened then if I hadn't been leaving the ship in the very immediate future."

  "But, Lieutenant, by your own admission, it is not something you'd never consider. Not something you'd never do. Can you disagree with what I'm saying?"

  Jen looked as if she were choking but her voice was clear. "No, I cannot. But I swear I had no such relationship on the Maury with anyone."

  Commander Carr watched Jen for a long moment, then turned away. "No further questions."

  Lieutenant Bashir stood again. "Lieutenant Shen, let's get this out in the open. Did you have any personal reasons to dislike or even hate any members of the Maury 's crew, officer or enlisted?"

  "Not that much, no."

  "Did you want even any single one of them dead?"

  "No. They were normal working relationships. I didn't hate anyone on the ship."

  "Did you have any reason to want any of them dead?"

  "No."

  "Thank you, Lieutenant Shen."

  Judge McMasters gestured toward the members of the court. "Captain Carney, do the members of the court wish to question Lieutenant Junior Grade Shen regarding her testimony?"

  Captain Carney frowned and looked to either side. "I, um, what else can we ask?"

  Lieutenant Kalin looked beseechingly toward Jen, ignoring Carney. "Lieutenant Shen, can you provide us with any alternate explanation for what happened to the USS Maury?"

  Jen stared back, then shook her head. "No, ma'am."

  "You were there. You can't provide any other possible cause?"