John Hemry - A Just Determination

"No, sir!" Fowler settled back, a small smile briefly forming. You tried to trap me, didn't you, Admiral? See if I was being professional with my enlisted, maybe if I'm really professional at all. I'm glad I didn't have to think about my response. But was Fowler impressed or just amused? Was he just playing with an ensign who stuck his neck out?

Admiral Fowler looked around. "That's all for me. Anybody else have questions for Ensign Sinclair?"

Captain Nguyen leaned forward. "Ensign Sinclair, have you ever made any mistakes?"

That one was easy, too. "I've made a lot of mistakes, ma'am."

"What about this decision? To testify as part of Captain Wakeman's defense? Suppose Captain Wakeman is found guilty of all charges regardless of what you testified, and suppose as a result you are tarred with the same brush and find your naval career effectively terminated before it had barely begun. Will you regard this as mistake?"

Paul stared silently at Captain Nguyen for a moment before replying, trying to fight off the sick feeling her question had brought back to full life. "No, ma'am."

"You wouldn't be unhappy?"

"Ma'am, I'm already unhappy." It wasn't until the members of the court all reacted that Paul realized his blurted reply could be construed as humorous.

Captain Nguyen smiled briefly, then turned serious again. "Ensign Sinclair, do you hope to ever serve under Captain Wakeman again?"

"No, ma'am."

"Not in any capacity whatsoever?"

"No, ma'am."

"Suppose Captain Wakeman is exonerated as a result of your testimony and returned to duty, and you received orders to serve under Captain Wakeman again. What would you do?"

Paul hesitated again, then suddenly knew without looking that Commander Herdez's eyes were locked onto him, awaiting his reply. Herdez is a good officer. Hard as hell, but good. What would someone like Herdez, a good officer, say? "I would serve under him and attempt to carry out my duties to the best of my ability, ma'am."

"Even though you've testified that you neither like nor respect Captain Wakeman? Why would you do that, Ensign Sinclair?"

"Because… because my duty isn't to Captain Wakeman as an individual. My duty is to the United States Navy, ma'am."

"I see." Nguyen looked toward Admiral Fowler. "I'm done."

Judge Holmes thanked Paul, then excused him as a witness. Paul stood carefully, worried that his legs might wobble, and made his way back to his seat.

Garrity stood as Paul sat down. "The defense rests."

"Lieutenant Commander Garrity, will Captain Wakeman be availing himself of pre- or post-Gadsden trial procedure?"

"Post-Gadsden, your honor."

"Very well. The court-martial is closed, and will reconvene at thirteen hundred in this courtroom for Captain Wakeman's statement, followed by closing arguments."

Paul waited, listening to others leaving, before he stood and made his way out of the court room. He was vaguely aware of some of the senior officers still standing in the room, and as he turned into the central aisle found his path blocked by Commander Herdez, who was talking to Commander Sykes. "By your leave, ma'am."

Herdez turned her head, saw Paul, and stepped aside so he could pass, her expression still revealing nothing. "Certainly, Ensign Sinclair."

Paul went out the door, took two steps to the side to clear the entrance, then fell back against the bulkhead behind him. It's over. For me. One way or the other. I hope.

"Where have you been?" Jen was there, eyeing him with an enigmatic expression. "How long was I supposed to wait out here?"

"I didn't know you were waiting."

"You think I'm going to let you wander around alone in the state you're in? You're a wreck, Paul."

"Is it that obvious?"

"It is to me. You probably fooled everyone else."

"I just hope it accomplished something."

"I'd be willing to bet it did, but regardless, you did what you wanted to do." Jen leaned close enough to whisper to him. "You're good, Paul. And I'm not just talking about last night."

"Really? You think I did okay?"

"Last night or just now?"

"Jen! Just now."

"You're not supposed to discuss your testimony with anyone, Ensign Sinclair." But Jen smiled approvingly, then moved away a little before speaking in a normal voice. "You got any lunch plans? Or are you going to sit in the court room through lunch again?"

"I think I feel like eating today."

"Good. Some of us are heading for Fogarty's. You in?"

"Sure."

In addition to Paul and Jen, "some of us" turned out to be Bristol, Meadows, and Denaldo. Jen took a seat across from Paul, then waved dramatically toward him. "Our hero."

Meadows grinned. "So, Paul, how much fun was that?"

"My fun meter is pegged, Carl. Right off the scale."

"I know you can't talk about what you said, but how'd it feel up there on the witness stand?"

Paul smiled and shook his head. "I wouldn't recommend it unless you wanted to know how it feels to face a firing squad."

"Yeah. I bet. They could have at least offered you a blindfold. I'm glad no lawyer asked me what my department head thinks of my work. Or what I think about my department head, for that matter. What was that bit about Wakeman having a choice of pre- or post-Gadsden trial procedure? What's that mean?"

"It's the way the next phase of the trial is handled. Used to be military trials would finish with the defense and prosecution making their final arguments, and the defendant wouldn't make a statement of any kind until after the court-martial members announced a verdict."

"Huh? What's the point of the defendant not making a statement until after he's found guilty? What good does it do then?"

"It was just supposed to affect his punishment. You know, stuff like I'm an orphan and I didn't really do it and even if I did do it I didn't mean to do it. The punishment he'd be sentenced to wouldn't be determined until after the defendant made a statement."

"That still sounds lame," Carl observed.

"Yeah. That's what Gadsden was about, I guess, whether or not a defendant could make his statement before the verdict was reached. They ended up doing the Solomon thing and sort of splitting the difference. The defendant gets to decide. That way he or she can't complain if their statement goes over the wrong way."

"So Wakeman's going to swear he's innocent of all charges, huh? That ought to be interesting to watch."

"Maybe. Maybe not. I really don't know what he's planning on saying. Garrity may not either. And Wakeman doesn't have to make a sworn statement. He can also make an unsworn statement. That is, he'd be giving his side of things but not swearing that what he's saying is true."

Bristol looked puzzled. "Why would anyone do that?"

"Because if they make a sworn statement they can be cross-examined on it. You can't be questioned about anything you say in an unsworn statement. It's a Fifth Amendment thing. You know, the right against self-incrimination."

"Oh. You can't make someone testify against themselves. Right? And I can see where certain defendants wouldn't want to be asked questions about whatever they planned to say."

Paul grinned. "Exactly. Now you tell me something. How'd Suppo manage to get Mangala sent to Ceres Station?"

Bristol gazed back in apparent shock. "Commander Sykes? Are you implying he had something to do with Mangala's orders?"

"Perish the thought. How'd he do it?"

"Trade secret." Bristol grinned around his sandwich. "Don't mess with the supply officer."

"After that? No way. He might serve us cannonballs again."

"Won't bother me if he does," Jen declared. "I'll be on the USS Maury, living easy."

Carl shook his head. "Why do you think the Miserable Maury will be so easy? She's just another ship."