A Just Determination (28 page)
Garcia stood stiffly, marching down to the back of the court room once again, his eyes scanning the rest of the audience in a challenging way as he went past each row of seats. Paul watched Garcia out of the corner of his eyes.
You certainly scored some hits on Wakeman, but I think you took some damage yourself, Commander Garcia
.
The next witness called by the prosecution was Commander Brilling, the Chief Engineer of the
Michaelson
. "Commander Brilling, you were in charge of the first inspection team sent over to the wreck of the SASAL ship from the
Michaelson
, were you not?"
Brilling seemed nervous, unhappy at interacting with people instead of his engineering plant. "That's correct."
"What was the purpose of that inspection?"
"Captain Wakeman told me we were find and document all evidence of weaponry on the SASAL ship."
"And what weaponry did you find on the SASAL ship?"
Brilling seemed reluctant to reply. "None."
"None? There were no weapons?"
"Just some hand weapons that Ensign Sinclair found in the captain's cabin. Nothing besides that."
"So you found no means by which the SASAL ship could have presented a threat to the USS
Michaelson
?"
"No. No, there wasn't anything there."
"Did the interior of the SASAL ship show any signs of having been prepared for combat?"
"Uh, no. None of the airtight hatches had sealed. Uh, that is, a few had when atmosphere vented because of their automatic spring-loaded triggers, but the ship was pretty much wide open."
"Were the crew all suited up?"
Brilling grimaced in time to Paul's own internal flinch at the memory of the bodies they'd found. "No. They'd all . . . they were all dead. From decompression. Those that didn't get hit by our weapons."
"How much damage had the
Michaelson
's weapons done to the SASAL ship?"
"Oh, it was effectively destroyed. We'd punched holes in him from one end to the other."
"Effectively destroyed." Wilkes walked away for a moment, then turned back to face Brilling. "Would you say the amount of force employed was excessive?"
"Objection." Garrity indicated the chief engineer. "The question calls for a subjective opinion."
"I will rephrase the question. Commander Brilling, could any threat from the SASAL ship to the USS
Michaelson
, even assuming the SASAL ship had been armed, been countered by using less force than was actually employed?"
"Uh, well, if we'd targeted the engineering spaces we could've taken them off line and eliminated his ability to power-up weapons or maneuver."
"But you said the entire ship had been 'punched full of holes' or words to that effect. So the degree of force actually used was in excess of that needed to neutralize any threat from the SASAL ship?"
"Yes. You could say that."
"No further questions."
Lieutenant Commander Garrity stood before Brilling. "Commander, you said your search party was sent to the SASAL ship to, in your words, find and document evidence of weaponry on that ship. Did you expect to find weapons onboard?"
"Uh, I guess I did."
"Did Captain Wakeman expect you to find weapons on board?"
"Yes. He sure did."
"So would you say there was an expectation of finding weapons on board that ship?"
"I . . . well, if we knew weapons were there we wouldn't have had to send a search party to investigate."
"Were you personally surprised not to find any weapons?"
Brilling looked away, his mouth working, then nodded. "Yes, I was."
"Commander, if the SASAL ship had been armed, and if those weapons had been charged, would targeting the engineering spaces of the SASAL ship have eliminated its ability to fire on the
Michaelson
?"
"Well, not entirely. I mean, they still could've discharged whatever was in the weapons."
"So if the SASAL ship had been armed, then even if deprived of its engineering spaces, it could still have fired a volley into the
Michaelson
at point-blank range?"
"I . . . guess that's true."
"No further questions."
"Trial counsel will redirect." Wilkes took Garrity's place. "Commander Brilling, speaking for yourself, what evidence were you aware of regarding weapons on the SASAL ship prior to your leading a party aboard?"
"There wasn't any. That's why we went."
"There wasn't any. But you'd fired upon and destroyed that ship. Did you really
expect
to find weapons, or were you
hoping
to find weapons?"
Brilling flicked a glance toward Wakeman. "I . . . I . . . was hoping to find them."
"In order to justify the actions of Captain Wakeman?"
"It doesn't . . . I mean . . ."
Wilkes eyed Brilling with apparent sympathy. "Your ship had just destroyed another ship on orders of Captain Wakeman. Would it be fair to say you hoped that destruction had been justified?"
"Yes. Absolutely."
"And wasn't that hope what led you to 'expect' to find weapons on board the SASAL ship?"
Brilling looked at the deck. "I think so. Yes."
"No further questions."
To Paul's surprise the prosecution next called Commander Sykes as a witness.
Why the supply officer next? I heard the weapons officer kept tripping over his tongue when he went over testimony with Wilkes. I guess Sykes is all that's left at that level, but what is Wilkes planning to get him to say about Wakeman
?
Sykes was sworn in and settled back in the witness stand as if he were holding court in the
Michaelson
's wardroom. Wilkes came to stand before him. "Are you Commander Steven Sykes, United States Navy, currently assigned as supply officer to the USS
Michaelson
?"
"That is correct."
"And you have served on the USS
Michaelson
for fifteen months, and during that entire period Captain Wakeman has been in command."
"That is also correct."
"Commander Sykes, has Captain Wakeman ever given you reason to doubt his judgment?"
"Objection." Lieutenant Commander Garrity indicated Sykes. "This question is immaterial to the charges against Captain Wakeman, which concern his actions in several specific cases."
Judge Holmes looked at Wilkes. "Trial counsel?"
"Your Honor, I am seeking to establish a pattern of questionable judgment by Captain Wakeman during the last underway period for the USS
Michaelson
. Since this is the same period in which the actions in question took place, I believe it is material to determine if Captain Wakeman's record is consistent with the charges of later negligence and poor judgment."
Holmes pondered the matter for a moment. "Overruled, Commander Garrity. The question is judged material and is allowed."
Wilkes focused back on Sykes. "I'll repeat the question for you, Commander Sykes. Has Captain Wakeman ever given you reason to doubt his judgment?"
Sykes made a noncommittal face. "Everyone has bad days, Commander Wilkes."
"Perhaps I should be more specific." Wilkes leaned a little closer to Sykes. "During your last underway period, a captain's mast resulted in one of your petty officers being reduced in rate to a seaman. Do you know the case I'm speaking of?"
Sykes nodded. "That would be Petty Officer Arroyo."
"Did you think the decision reached by the captain in that case reflected good judgment?" A pause stretched while Sykes gazed imperturbably back at the prosecuting attorney. "Commander Sykes? Did you understand the question?"
"Certainly. No, I did not believe it reflected good judgment on Captain Wakeman's part."
"Captain Wakeman disregarded the testimony and character judgments rendered by both you and your assistant, Lieutenant Bristol, didn't he?"
"That's correct."
"Did Captain Wakeman give you any reasons for doing that?"
Sykes shrugged. "No, but then he wasn't under any obligation to do that."
Captain Nguyen interrupted whatever Wilkes had been planning to say next. "What exactly was this mast case about? What was it, uh . . ."
"Petty Officer Arroyo."
"Yes. What was it Petty Officer Arroyo did, or was accused of doing?"
"Captain Nguyen." Judge Holmes indicated Commander Wilkes and then Lieutenant Commander Garrity. "It is customary to allow both prosecution and defense to finish questioning a witness before the members ask questions."
"I'm sorry, Captain Holmes. Please continue, Commander Wilkes."
Wilkes smiled. "Thank you, ma'am. I have no objection to Commander Sykes answering your question at this time."
"The defense has no objection," Garrity stated.
"Very well," Judge Holmes replied. "Commander Sykes, what was it your petty officer was accused of?"
"He was accused of stealing a package of peaches, Your Honor."
Captain Nguyen let her surprise show. "A package . . . ? I see. Who brought the charge, Commander Sykes?"
"One of my chief petty officers, ma'am."
"But you yourself apparently didn't believe the charge should have been pursued?"
"No, ma'am. I believed it to be a matter of poor record keeping, not larceny."
Captain Nguyen smiled briefly at Sykes' last reply. "If we're supposed to condemn Captain Wakeman's judgment in this case, then I'd like to hear that chief's side of the story. Would anyone object to that? Is he to be called as a witness?"
Wilkes shook his head. "Unfortunately, Chief Mangala is no longer assigned to the USS
Michaelson
."
"He's been transferred?" Judge Holmes frowned at Wilkes. "Why was a potential witness allowed to transfer?"
Wilkes gestured toward Sykes as if seeking to deflect the judge's disapproval. "The transfer order was a high-priority personnel action, your honor. Since Chief Mangala did not seem to be a material witness to the charges against Captain Wakeman, I did not believe I had grounds for holding up that transfer."
"I see. Is the chief still available at all? Where'd he transfer to?"
Sykes smiled apologetically. "Ceres Station."
"Ceres? Good Lord, who'd he piss off?" Nguyen caught herself, looking around the room, embarrassed by her outburst. "I'd like my last statement stricken from the record, if that's alright, Your Honor."
Judge Holmes nodded obligingly. "Since I tend to agree with the sentiments expressed, I so order the statement stricken. Where is Chief Mangala at this moment?"
Sykes smiled again. "Chief Mangala is on the Ceres resupply mission which departed two days ago."
"Then I assume he's not going to be available for a few years, unless we set up virtual testimony by using communication relays. Do you want the court to pursue that, Captain Nguyen?"
Nguyen pursed her mouth, then shook her head. "No. This a minor issue. I don't want to devote too much time or resources to obtaining Chief Mangala's testimony. Thank you, Captain Holmes."
"Of course. You may continue, Commander Wilkes."
"Thank you, your honor." Wilkes turned back to Commander Sykes. "What is your personal assessment of Captain Wakeman's reliability and judgment?"
"Excuse me?"
"As one of his department heads, did you trust Captain Wakeman to make correct decisions?"
Sykes shrugged. "To be perfectly honest, Captain Wakeman rarely intervened in supply issues. As far as issues regarding the operations of the ship, I don't feel myself qualified to judge."
"You worked with Captain Wakeman every day. You are a commissioned naval officer."
"I am a limited duty officer, Commander Wilkes. I do not have the experience to judge the actions of line officers."
"You're avoiding the question, Commander Sykes."
"No, I'm telling you it's a question I'm not qualified to answer."
"I ask the court to direct the witness to answer the question put to him."
Judge Holmes looked toward the members of the court-martial. "This matter appears to deal with line officer perceptions. I'd be interested in knowing the opinion of the line officer members."
Feres curled up one corner of his mouth in a half-smile. "Commander Sykes
is
answering the question. At least he is in my opinion."
Admiral Fowler nodded. "And mine. I think it is both proper and accurate for Commander Sykes not to express opinions on operational matters, just as it would improper for me to pretend to be an expert on supply issues."
"Exactly so," Captain Nguyen agreed.
"Then the court rules that Commander Sykes has answered the question put to him. You may move on, Commander Wilkes."
"Thank you." Wilkes stared at Sykes for a moment, who met his look with a perfect display of nonchalance. "I have no further questions of this witness."
"Commander Garrity, you may cross-examine."
Lieutenant Commander Garrity eyed Sykes thoughtfully. "Commander Sykes, in your experience with Captain Wakeman, how often did he violate orders and instructions pertaining to supply issues?"
"Pertaining to supply issues? He didn't."
"Then you would say that in your experience Captain Wakeman took care to ensure you conformed to such orders and instructions?"
"That's correct. Captain Wakeman informed me that he had no wish to be embarrassed by any failures on my part to do my job properly."
"Thank you, Commander Sykes. No further questions."
Holmes looked to Wilkes. "Redirect?"
"Yes." Wilkes came close to Sykes again. "Commander Sykes, are you saying that you never failed to conform to all standing supply orders and instructions while serving on the USS
Michaelson
?"
"No. I didn't say that."
"If Captain Wakeman didn't direct you to, why did you deviate from those standing and instructions?"
"To get the job done, Commander Wilkes." Sykes smiled apologetically again. "I believe I'm what line officers refer to as a 'good' supply officer."
"What's that supposed to mean, Commander Sykes?"
Admiral Fowler interrupted whatever Sykes had been planning to say. "It means he bends the rules if he has to in order to get the supplies his ship needs. Right, Commander Sykes?"
