John Hemry - Burden of Proof

"Apparently."

"Captain Shen, suppose an officer had such information during your investigation, but did not reveal it until after your investigation was completed?"

"Objection! Counsel for the defense has introduced no evidence to substantiate innuendo that the evidence regarding the accident was available to anyone prior to the completion of Captain Shen's investigation."

"Your Honor — "

Jones's reply was cut off by a glare from Judge Halstead. "Does counsel for the defense plan to introduce evidence that this information was available to someone else during Captain Shen's investigation?"

"Your Honor, trial counsel has already asked the witness numerous questions regarding theoretical situations. This is simply one more such situation."

Halstead looked unhappy, but finally nodded. "Objection overruled. Continue."

Commander Jones couldn't hide a quick look of triumph. "Captain Shen, do I need to restate the question?"

"No. If someone deliberately withheld such information from my investigation, I would regard it as not only unprofessional but also as grounds for disciplinary action against that person."

"And since we're dealing with theoretical cases, Captain Shen, is there any way of knowing whether such a person had uncovered that information after your investigation and promptly passed it on in a professional manner, or unprofessionally withheld it and only gave it to his commanding officer after the results of the investigation proved unfavorable to him?"

"Objection!" If Commander Carr was simulating outrage, she was doing a very good job of it. "Your Honor, counsel for the defense is once again attempting to introduce speculation into evidence. He has provided not one iota of evidence to back up the question he has just put to the witness."

"Your Honor — "

"No." Judge Halstead's glare didn't fade this time. "Save your speculations for closing arguments, counsel. I remind you once again that it is Lieutenant Silver who is on trial here."

"But Your Honor — "

"I said no. Objection sustained. Counsel for the defense is directed to avoid similar lines of questioning in the future."

Commander Carr seated herself, then made a quick thumbs-up gesture under her table where only Paul could see it.

Commander Jones pondered Captain Shen for a moment longer, then shook his head. "No more questions."

"Do the members have questions for this witness?"

"Certainly." Captain Mashiko leaned forward, his elbows on the table and his hands clasped under his chin. "Captain Shen, your reputation is well-known to me. I respect your judgment. Given what you know at this time, would you want Lieutenant Silver to serve under you?"

Captain Shen frowned, though with apparent thought this time instead of anger. "I would wish to see more of the evidence before rendering final judgment on an officer."

"Assume what you know is all the information you'll have available. Would you want Lieutenant Silver in your command?"

Captain Shen glanced toward the defense table, where Lieutenant Silver once again wore his wounded-but-proud-professional face. "No. Not if I had a choice."

"But he did impress you favorably during your initial investigation."

"Yes, he did. Lieutenant Silver appears to be very good at impressing his superiors. In light of the factual information I have since learned, I no longer trust that initial impression."

A rustle ran through the courtroom until it was once again stilled by an angry glare from Judge Halstead. Paul looked at Captain Shen, his own impressions shifting. He did catch on to Silver. And he's admitting it. He's honest enough to do that. Well, he's Jen's father. He can't be all bad.

"Thank you, Captain Shen. Do any of the other members have questions?"

Commander Herdez spoke respectfully. "Captain Shen, it appears you no longer stand by the results of your investigation."

"That's correct, Commander." Another rustle in the courtroom followed.

"Because of the information which was developed since you formulated those results, sir?"

"That is also correct."

Commander Jones came to his feet but spoke calmly. "Commander, if there is to be any attempt to impeach Captain Shen's work on that investigation — "

Herdez held up one palm. "No, Commander Jones. I have no intention of drawing such a conclusion."

Captain Mashiko nodded brusquely. "Nor can I imagine anyone attempting to pursue such a course of action against an officer who reached perfectly reasonable conclusions based on all of the information then available to him."

Commander Jones nodded. "I understand that, sir. But you must understand that Captain Shen is testifying for the record, under oath, and that his testimony could be used against him."

Captain Shen frowned at Jones, then at Commander Carr. She rose from her seat. "The government has no intention of pursuing any case against Captain Shen. There is no evidence of misconduct on his part."

Jones smiled tightly. "Thank you, counselor, but as you're aware, your words now are not binding upon the government."

"Then the government is willing to stipulate as a matter of fact that Captain Shen conducted his investigation in a professional manner with no purposeful or inadvertent misconduct on his part."

"Thank you. I withdraw my objection to the member's line of questioning subject to that stipulation."

Commander Carr settled back in her seat, one hand gesturing Paul to lean forward so she could whisper to him. "We didn't need that kind of distraction clouding the case. If line officers think the JAGs are on a witch hunt, they'll circle the wagons around each other in a heartbeat."

"Yes, ma'am. And we really don't have any evidence of misconduct on Captain Shen's part."

"Aside from him investigating an officer who's dating his daughter? Never mind. I agree."

Commander Herdez focused back on Captain Shen. "If you had been aware of the information which has since developed, would you have reached the same conclusions, sir?"

"No. I cannot imagine doing so."

"Thank you, Captain Shen."

Lieutenant Commander Goldberg cleared her throat softly. "Captain Shen, sir, why didn't you use the talents of Chief Warrant Officer Rose in your initial investigation?"

"I believed I had employed an expert with all the necessary expertise."

"But that expert wasn't as good as Chief Warrant Officer Rose."

Small spots of red appeared near Captain Shen's cheeks. "No, he was not. How many times must I state I was wrong?"

Commander Goldberg looked startled. "My apologies, Captain. My question wasn't meant to — "

Captain Mashiko shut her off with a wave of his hand. "That's all right, Commander Goldberg. Your question was a reasonable one, as was Captain Shen's response. These are not pleasant issues to address. Does anyone have further questions? That's it then."

Captain Shen left the courtroom, his posture militarily perfect, his eyes looking straight ahead. Paul watched him go. I'm not looking forward to my next meeting with that man, whenever that may be.

"Counsel for the defense recalls as his next witness Petty Officer First Class Ivan Sharpe."

Paul glanced around in surprise, seeing Sharpe marching down the center aisle of the courtroom until he reached the witness stand and was sworn in. What's Jones planning to get out of the Sheriff? Talk about a hostile defense witness.

Commander Jones stood before Ivan Sharpe. "Petty Officer Sharpe, I've reviewed your service record. It's very impressive. Not a blemish on it."

Sharpe watched Jones warily. "Thank you, sir."

"You assisted trial counsel in collecting statements from the crew of the USS Michaelson regarding the accident on 19 September, correct?"

"Yes, sir."

"And you earlier assisted Captain Shen in his investigation, once again handling his interactions with the enlisted crew."