John Hemry - A Just Determination

"Yes, sir."

"Then you bear some of the responsibility for this tragedy as well, don't you?"

"Objection. The preliminary investigation of these events did not implicate Ensign Sinclair as being in any way responsible."

Wilkes shook his head. "Perhaps that conclusion should be revisited. If Ensign Sinclair's advice led Captain Wakeman to take a decisive action, his role in this should be closely examined."

Garrity faced the judge even though she addressed her question to Wilkes. "Are you claiming Ensign Sinclair's advice was inaccurate or incorrect to the best of his knowledge at the time?"

"I don't have to claim that. If he told his captain something that helped precipitate the chain of events which led to the destruction of another ship, then that taints his testimony."

"Wait a minute," Admiral Fowler interrupted the lawyers' verbal sparring. "Captain Holmes, may I?"

"Certainly, Admiral."

"Commander Wilkes, you seem to be asking Ensign Sinclair why he answered to the best of his ability a question put to him by his commanding officer. Captain Wakeman asked Sinclair what their orders said regarding his discretion to act. In response, Sinclair provided the information his commanding officer asked for. As my mother always says, 'what're you gonna do?'"

"That's right," Captain Feres agreed. "What was Ensign Sinclair's alternative? Are you suggesting Sinclair should have refused to answer, or provided information he believed to be incorrect?"

Commander Wilkes smiled briefly. "No, sir. Of course not. But if Ensign Sinclair's advice contributed to the course of action followed by Captain Wakeman, then that would motivate Ensign Sinclair to attempt to exonerate Captain Wakeman and, by extension, himself."

Fowler frowned, looking at his fellow officers to either side. "That seems like a real Catch-22 to me, Commander. If he gave his captain bad advice, then he's indeed guilty of contributing to these unfortunate events. But you're saying if he gave his captain good advice, or simply advice which to the best of his knowledge accurately reflected a portion of the orders under which they were operating, then he's still guilty because he'd be motivated by a desire to exonerate himself. Your line of questioning doesn't seem to leave Ensign Sinclair any proper course of action to follow. I repeat, what're you gonna do?"

Lieutenant Commander Garrity turned to face the judge. "If it please the court, I'd like to stipulate that during the verbal exchange in question Ensign Sinclair gave Captain Wakeman a response which to the best of his knowledge accurately reflected the information in the relevant portion of their operating instructions."

Commander Wilkes shook his head. "I would object to such a stipulation, sir."

Holmes twisted one corner of her mouth, looking towards the members to gauge their feelings. "I'm not willing to declare that Ensign Sinclair's advice was necessarily correct, but there's a presumption it reflected a reasonable interpretation of the Michaelson 's orders unless the trial counsel is willing to provide evidence to the contrary. Do you intend to present such evidence, Commander Wilkes?"

"No, your honor. I am not prepared to do that."

"Very well. Objection sustained. Commander Garrity's objection, that is. You may continue your questioning, Commander Wilkes."

Wilkes eyed Paul for a moment, his face hardening. "Ensign Sinclair. You've indicated you have little legal training and little fleet experience. You earlier stated you dislike your captain personally and professionally. Your department head expressed dissatisfaction with your performance as one of his subordinates. Are you prepared to state why you believe your testimony has any value compared to the other witnesses who have appeared before this court?"

"Objection. Trial counsel is harassing the witness."

The judge looked to the members once more. "Do the members of the court-martial believe the witness should be compelled to answer this question?"

Admiral Fowler nodded. "I'd certainly like to hear Ensign Sinclair's reply."

"Overruled. The witness is directed to answer the question."

Paul hesitated. And it's a real good question, isn't it? Why should anyone care what I have to say? Not enough experience and a lot of screw-ups in the little experience I have had. He still didn't look around, still afraid of what he might see on the faces of the others in the courtroom. Jen believes in me. I hope. Does anyone else. Do I? Ever since I reported to the Michaelson I've been wondering whether I can handle this. Whether I'm good enough. Whether in a couple of more years I'll be another Jan Tweed, hiding from my bosses and from myself.

Reporting to the Michaelson. Worried. All too aware of his inexperience. The first member of the crew he'd encountered, the man who'd brought him across the gangplank to the quarterdeck for the first time. Senior Chief Kowalski. "You're doin' okay, sir. I think you're a good officer. " Even as he recalled that brief bit of praise, Paul knew it held the answer he wanted. Paul looked straight at Commander Wilkes. "I believe my testimony has value because I am an officer in the United States Navy, sir."

Wilkes stared back for a long moment, then turned away. "No further questions."

Judge Holmes looked to Lieutenant Commander Garrity. "Do you wish to redirect?"

"No, your honor. No further questions."

"Do the members of the court-martial wish to question Ensign Sinclair?"

"I do." Admiral Fowler regarded Paul for a moment, while Paul tried to fight down dizziness born of mixed tension and relief that the bout with the lawyers was over. "Ensign Sinclair, what was your major at the Academy?"

"International Relations, sir."

"A bull major, huh?" Non-technical majors at the Academy were always labeled bull majors on the assumption that unlike hard science they primarily involved something similar to the end product of a bull's digestive process. "I guess you did a lot of reading."

"Yes, sir."

"Do you figure you're an expert on language as a result?"

"No, sir."

"What about legal language? Do you understand that real well?"

Paul swallowed before answering. "No, sir. Not real well. Enough to get by."

"You seem to have some pretty firm opinions about what those orders meant. How do you square that with what you say is your lack of expert language abilities?"

For some reason, that question caused defiance to flare briefly in Paul. "Sir, I didn't think operational orders were supposed to require experts in legal language in order to understand them."

Fowler's eyebrows rose for a moment. "Do you get along well with your superiors, Ensign Sinclair?"

"I… try to do my job, sir."

"What about Commander Garcia? He's your department head, right? Has he ever chewed you out?"

That had to be the easiest question he'd been asked. "Yes, sir."

"Did you deserve it?"

"Often enough, yes, sir."

"But not always."

"No, sir. I don't think so."

"Do you have trouble understanding orders given to you in the course of a normal work day?"

"No, sir."

"What would Commander Garcia say?"

"Sir… Commander Garcia has… expressed a different opinion on occasion."

"But not always."

"No, sir."

"You're ship's legal officer, so you also work for Commander Herdez. If I hauled her back onto the witness stand, would she say you can understand and execute orders?"

"Yes, sir, I believe she would."

"What about your own enlisted? If I brought them in here and asked them, would they say you know how to issue clear and understandable orders?"

"Yes, sir."

"Do they respect you?"

"I believe so, sir."

"Do they like you?"

"My enlisted, sir? I… have no idea."

"You've never asked them?"