John Hemry - Rule of Evidence

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John G. Hemry

Rule of Evidence

Chapter One

"Evidence, including documents or physical evidence, which is under the control of the Government and which is relevant to the investigation… shall be produced if reasonably available."

Rule 405(g)(1)(b)

Rules for Courts-Martial, Manual for Courts-Martial, United States

"Every time I look at an intelligence report, it seems we're edging closer to war." Lieutenant Junior Grade Paul Sinclair leaned back and away from the Combat Information Center Officer's console, gazing somberly at the intelligence report displayed there.

"I thought young U.S. Navy officers like yourself looked forward to combat, Mr. Sinclair." Chief Imari grinned from where she sat at her own console.

Paul twisted one side of his mouth in a half-smile. "Not me, Chief. I'll do it if and when I have to, but I won't be looking forward to it."

Imari nodded. "It's not a pretty business, sir. Not like the games we play on these." She waved at the consoles cluttering Combat. "Realistic combat simulations, hell. I tell you, sir, no simulation of combat is realistic unless you're sweating like a pig and scared to death while you're running it."

"Thanks for cheering me up, Chief. But you know as well as I do that the simulations can only duplicate the physics of fighting in space. I depend on you to keep our happy sailors sweating and scared."

Imari grinned again. "Only if they screw up, sir."

Paul glanced toward one of the bulkheads, thinking of the endless dark which lay beyond the outer hull of the USS Michaelson. "There's a huge volume of space in the solar system, Chief. But the South Asian Alliance keeps demanding what it calls its 'fair share' of that space. What the hell is 'fair' for them or anybody else?"

"Beats me, sir. The U.S. Navy's never been big on 'fair,' so I don't know much about it. We're not the only one's the SASALs are pushing against, though."

Paul nodded, looking back at the intelligence report. "No, we're not. The SASAL pressure to expand back on Earth is pushing the Europeans toward us. It looks like we'll even have some joint maneuvers soon. That'd be different, operating with foreign warships in space. Have you ever worked with any, Chief?"

Chief Imari shrugged. "Just a couple, a few years ago. Some kind of Brotherhood of Humanity in Space crap to show everyone we were all happy campers up here together." She paused, screwing up her face in thought. "Let's see. There was a South African ship, and a Japanese, and a Brit. I don't remember any of 'em doing anything stupid."

Paul smiled. That last statement qualified as praise from Chief Imari. "Back on earth the Royal Navy has a good reputation."

"Oh, they're real good, sir. Never get in a drinking contest with 'em, though. Not if you're smart. They'll drink you three sheets to the wind and then convince you to play one of their crazy Brit games like naked zero-gravity rugby."

Paul felt his eyebrows rising. "Naked zero-gravity rugby?"

"Trust me, sir, it ain't as fun as it sounds. I hurt for a couple of weeks afterwards, and I was one of the lucky ones."

"I'll remember that, Chief." Paul reached over and closed out the intelligence report. Will we end up shooting at someone in earnest before this is all over? It'd been a year and a half since the Michaelson 's former commanding officer had mistakenly ordered the destruction of a SASAL research ship, and Paul had never been able to shake the memory of the bodies he'd seen onboard the wreck afterwards. Maybe we'll have to destroy another ship, or maybe we'll take damage. He looked around Combat, a compartment he thought of as his after several months as Combat Information Center Officer, and imagined it riddled with holes from enemy lasers and particle beams, open to the vacuum of space, the bodies of his sailors drifting slack in their harnesses.

Chief Imari followed Paul's gaze, and as if reading his thoughts smiled reassuringly. "Don't you worry, Mr. Sinclair. If it comes to that, we'll kick butt. Ain't nobody gonna take down the Mike."

Paul grinned. "Not with the crew we've got." Then he laughed. "That sounds like something from a bad movie."

The Chief cocked an eyebrow at him. "Sir, I sorta know what you mean. But it's important to say it and mean it. Or sound like you mean it, anyway. When the crew hears it, they believe in themselves a little more. Yeah, it's corny and macho and all sorts of other stuff, but you've got to tell the crew you believe in them. They want to hear it."

Paul nodded slowly. "It helps them believe in themselves?"

"I guess you could say that. It's part of being an officer, Mr. Sinclair. The crew looks to you for that kind of stuff."

Paul nodded again. Now, that's a funny responsibility. I'm younger than most of the sailors in my division, and a whole lot less experienced in almost every way, but they look to me for guidance. For me to say I think they can kick butt when needed. Funny. But I'm sure Chief Imari knows what she's talking about. That's funny, too. I'm looking to her for some guidance while she's looking to me for other guidance. "I'll remember that, Chief. For what it's worth, I do have a lot of confidence in the crew, and in the division. I'll make sure I express that every once in a while."

Imari grinned at him. "Don't go overboard, sir. Just a little. Otherwise it'll make it harder for me to tell 'em how screwed up they are."

"Got it." Paul checked the time. "As far as preparing for combat goes, it probably wouldn't hurt if I managed to show up for religious services every once in a while."

"Can't hurt and it might help, sir. You never know."

"Later, Chief." Paul walked out of Combat, threading through the narrow hatch with the ease of long practice. He checked the time again, then shrugged. He'd spent too much time reviewing the intelligence summaries. No sense in trying to make Sunday morning worship services now. Instead, he started to head for the small compartment grandly labeled the officers' wardroom, but halted after a couple of steps and went down another passageway.

Being tied up at Franklin Naval Station always felt different than being underway. Part of it was the constant sensation of gravity imposed by Franklin's majestic rotation. But a bigger part, to Paul, was the nights and weekends when most of the crew went off the ship. Underway, it seemed the narrow passages and low overheads of the Michaelson were always crowded with sailors trying to dodge each other and all the wiring, equipment and controls almost covering every bulkhead and overhead. In port, on a slow Sunday morning, the Michaelson felt almost deserted by comparison.

Paul went through the ship, compartment after compartment, able after more than a year and half onboard to almost subconsciously evaluate the status of everything he saw from the knife edges of the airtight hatches to the inspection labels on the emergency survival suit lockers. Near the bow, where the hull tapered to a blunt cone, he absentmindedly tapped a spot on the forwardmost bulkhead where the metal had been worn smooth by countless fingers following the same ritual.

When Paul reached the hatch leading into Forward Engineering, he paused, listening for a moment, then walked steadily in and through the compartment, trying to focus on important details even though his ears kept straining for any untoward sounds until he was done and back out the hatch. That blasted compartment still spooks me. It shouldn't, but it does. And there's no way I'm admitting that to anybody.

Then back and forth, working aft, until he reached the "end of the world," the last bulkhead, and repeated the tap he'd given at the forwardmost bulkhead. Why do we do that, anyway? Funny ritual or superstition or whatever. It's like we're checking to make sure the last thing between us and empty space is really there. Or reassuring ourselves that those last barriers aren't ready to implode. Well, whatever the reason, like Chief Imari says, it can't hurt.

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