The Shark Mutiny (56 page)

And he then stated, very simply, “
Intelligent, fearless initiative is an important trait of military character. It is not the purpose of these regulations to discourage its employment in cases of this nature
.”

Lieutenant Commander Headley sat motionless in the witness chair as the short but powerful words were read out to the court. He saw Captain Dunning nod, and he continued to sit bolt upright, immaculate in his uniform, as he began to answer his counsel’s questions, firmly and without hesitation.

“And when it came right down to it, why do you think Commander Reid refused to help the SEALs?”

“Two reasons, sir. One, he did not want to be associated with another disaster, like he had in another life. Two, he kept yelling that the planet Mercury was in retrograde.”

“He what?”

“He told me that the mighty planet that controls us was stilled in the heavens and that by dawn it would be in retrograde—going backwards, that is.”

“Did you have any comment?”

“I believe I just said, ‘No shit?’ I found it a bit bewildering, given the urgency of our situation.”

“Did this conversation take place in front of anyone?”

“Nossir. This started in his cabin. But then it continued back in the control room in front of everyone after the SEALs had transmitted their call for help.”

“Did you go back to the control room, leaving the CO in his cabin?”

“Yessir. I was in charge of the rescue operation, and I immediately ordered the submarine inshore to get the guys out.”

“You knew they were under attack, from Chinese helicopters?”

“Yessir.”

“And how did you assess the danger?”

“I planned to down the helos with our Stinger missiles from range eight hundred yards, handheld right off the bridge. They’re very accurate.”

“And what about the danger to your own ship?”

“Negligible, in my view. I thought the Chinese might have a couple of missiles. But there was a morning mist, and I thought they’d be preoccupied with the guys who were battering them with the M-60 machine guns. If they carried ASW mortars or depth bombs I knew they’d be largely useless if we were on the surface with Stingers. I thought we were in there with a good shot at success.”

“You were not afraid the
Shark
might be sunk?”

“Sir,
Shark
is a U.S. Navy fighting ship. We had eight valued colleagues being wiped out by Chinese gunships. Of course we went in to save them. That’s what we’re for. This is the Navy, not the Cub Scouts. And yes, I was afraid. But not too afraid to try.”

“And what happened when the CO arrived in the control room?”

“I told him precisely what we were doing. And he objected, as I knew he would.”

“How did you know?”

“Because Commander Reid is nothing short of a goddamned coward. And he’s plainly crazy.”

Finally uttered, the words hung like the sword of Damocles over the courtroom. “
OBJECTION
!” shouted Locker Jones, springing to his feet.

“
Overruled
,” snapped back Captain Dunning. “That is the heart of this case. The accused XO has been asked his opinion. And he has given it.”

“Was he afraid the ship might be hit and everyone killed?” asked Al Surprenant.

“Of course. And he thought because Mercury was in retrograde, that might happen.”

“Did he say so?”

“He shouted out, sir—‘
RETROGRADE! RETROGRADE! The great planet Mercury is in retreat
.’ He called me an ignorant man for not knowing what was happening in the zodiac, in front of everyone. He said my life was insignificant, that I knew nothing. That all of our lives, particularly in the areas of transportation and communication, were ruled by Mercury. And now the darn thing was kinda spinning backwards.”

“And then?”

“He told me there was no way he was going to allow his submarine to continue on the surface, in the path of an ASW helicopter, not while the planet was in retrograde.”

“Lieutenant Commander, is the direction in which the distant planet Mercury spins a normal consideration in the United States Navy when making combat decisions?”

“Nossir.”

“Ever?”

“Not in my experience, sir. It was a new one on me.”

“And then what happened?”

“He ordered me to turn the ship around, and to proceed in a direction away from the SEALs.”

“And did you do so?”

“Nossir. I told him I could not do that. Would not do that. And he told me I was making a one-man mutiny.”

“And did you change your mind and retreat, like Mercury?”

“Nossir. I did not.”

“You proceeded with the rescue?”

“I did. I told the CO I had the support of the entire command of the ship. That I would not leave the guys to be killed. I offered him the sick-list option as laid down in the regulations. But he declined.”

“And then?”

“I ordered the conn to hold our course on the surface. And I ordered the missiles to be brought up from below.”

“And then, you and the crew carried out the rescue. And were you on the bridge, in the line of fire, as it were?”

“Yessir. I was.”

“And did you direct the firing of the missiles.”

“Yessir. I fired one myself, hit and blew up the second Chinese helicopter.”

Lieutenant Commander Al Surprenant just shook his head and blurted out, “
My God! And now they want to court-martial you
?”

“Yessir.”

“No further questions.”

The silence in the courtroom was devastating as defense counsel finally sat down. And there was a slight air of resignation in the body language of Locker Jones as he stood up to cross-examine.

“Lieutenant Commander, the court has heard of your lifelong friendship with Commander Hunter. Would it be true to say you would have done anything to save him, including the making of a mutiny aboard your ship?”

“Yessir, it would. I would also have done anything to save any of the others…and, if I may, sir?”

“Please continue.”

“Sir, you may question me for a thousand years. But
I’m going to save you a lot of trouble. I did not hesitate to remove the CO and to proceed with the rescue myself. And if I could live it over again, a thousand times, I’d still do it. I hope I make myself clear, counselor.”

“Perfectly clear. In fact you are the perfect mutineer. No further questions. I rest the case for the prosecution.”

There was no summing up by either the court president or the lawyers, as there would have been in a civilian case. And Captain Dunning rose and led his panel out. Lieutenant Commander Headley and his attorney also left the room, in company with Admiral Bergstrom and Admiral Curran.

Their wait would not be long. In the room behind the main court, Boomer Dunning called his team swiftly to order.

“I’ll take the view of the Lieutenant first, since I do not wish him to be influenced by the opinions of those who outrank him…. Lieutenant?”

“Not guilty, sir. Reid is plainly crazy. In my view
he
should be court-martialed, for cowardice in the face of the enemy.”

Boomer nodded. “Lieutenant Commander?”

“Guilty. If the CO says no, the risk is too great, that’s an end to it. The CO stands or falls by that decision, and no one’s charged him with anything.”

Captain Dunning turned to the second Lieutenant Commander. “And your verdict?”

“Guilty. Headley, for all of his good intentions, had no right to seize the ship. Certainly no right to have his CO arrested.”

“And you?” replied the Captain, turning to the last of his four assistants.

“Not guilty. I think the XO was right to assume command. There were grave doubts about the suitability of Commander Reid to make sound judgments.”

“Excellent. But may I just clarify that none of you is interested in a possible change of mind? Anyone want to go over the issue? Or discuss it further?”

No one did. Minds were made up at 2-2. Captain Dunning would decide Lt. Commander Headley’s fate.

“Very well, gentlemen. In a few minutes, we will return to the courtroom and I will make my casting vote, plus a short summation for the court, in order that they understand our verdict.”

He sat at a table and wrote carefully on the pages of the large writing tablet inside the leather folder. Then he stood up, and beckoned his four colleagues to follow him. They walked through the door, and Captain Dunning removed the sword from the wall and placed it upon the table. “Ask them to come in,” he ordered.

Lieutenant Commander Headley entered last and stared at the sword almost in disbelief as he took his seat at the defense counsel table.

“I should tell you the votes are divided two to two in this case, and I now have the duty to pass the casting vote, and with it the judgment of the court,” said the ex-submarine Captain.

“And I should begin by stating that Lieutenant Commander Headley’s opinions about Mercury in retrograde or any of the other foibles displayed by Commander Reid are not the bedrocks of the case. And we are not here to stand in judgment on them either.

“We are here, very simply, to decide whether Commander Reid issued an order in the early hours of that June morning that was so wrong, indeed so crazy, that he had to be arrested and relieved of the command of his ship under Section one-zero-eight-eight.

“And what was that order? He said he would not leave his nuclear submarine on the surface, and risk the lives of his one hundred seven-member crew, and the ship, in order to save eight men. Was that wrong? Possibly, in the light of events. Was it crazy? No. It wasn’t crazy. Was there a suggestion of cowardice? Again, possibly. No more.

“But was it sufficiently outlandish for him to be re
lieved of command of his ship, arrested and incarcerated in his cabin while his number two took over?

“The answer is plain. NO. ABSOLUTELY NOT.

“The defendant is guilty as charged. Guilty of making a mutiny on the high seas. But the court does not recommend he be jailed, as would be expected in such a case. But rather that he be dismissed from the service immediately, under the severest censure. The court further recommends that Commander Reid never again hold the position of Commanding Officer on a U.S. Navy submarine involving Special Forces. That’s all, save to remind everyone in this room of the following:

“
If you permit every lieutenant commander to seize control of a warship because he does not agree with his CO, you no longer have a Navy. You have a rabble, in a very dangerous ship. My verdict was reached strictly for the greater good of the United States Navy. It was the only verdict to reach. And it always has been, ever since the morning of June seventh
.”

And long after the principals of the Navy’s first court-martial for mutiny had departed, Dan Headley still stood helplessly at the defense counsel’s desk, still staring at the long mahogany table. Still staring at the cruel steel blade of the gilded sword, which was pointed at him alone.