John Hemry - A Just Determination

"But what I could not anticipate, what I could not overcome, was the failure of my own subordinates to adequately or properly support me. They gave me bad information, they gave me false information, they gave me recommendations which led to tragedy. I don't know what motivations were involved. I don't know why they failed to support me as well as I had supported them so often in the past."

Paul tried to keep his face as emotionless as he'd seen Herdez manage. I can't believe Wakeman has the gall to be saying this. It's enough to make me wish I'd let him hang.

Beads of sweat were visible on Wakeman's forehead. "I am guilty of nothing but attempting to carry out my orders. Nor am I fully convinced that all the facts have been brought out here, that the real mission and intentions of the SASAL ship have been accurately determined. Its actions clearly demonstrated a threat to my ship. Was I to allow my ship to be destroyed through failure to act? If so, I would surely deserve this court-martial. But I did not. I acted."

Paul stole a glance at Lieutenant Commander Garrity, sitting at the defense table with her elbows on the arms of her chair, her mouth resting against her hands where they were clasped together so that her expression could not be read. Surely Garrity didn't advise Wakeman to make this kind of statement. Surely she's not happy that Wakeman's still trying to blame everyone else for Wakeman's own bad decisions, still trying to claim the SASALs were doing anything but playing a stupid and dangerous game. But she's a JAG. How is this "my subordinates let me down" stuff, and this "my ship was in peril" stuff, playing with the line officers among the court-martial members, all of whom have commanded ships themselves?

Wakeman wiped one hand across his forehead. "I ask you to support me as the commanding officer of a ship, support me in a way my own subordinates did not. In a crisis, they failed me. I ask you not to fail a fellow officer. Do not condemn me because I cared too much, tried too hard, as commanding officer. My record prior to this… this tragedy speaks for itself. I cared about my ship and her crew! If I am convicted, some future captain will stay his hand when he should act in self-defense for fear of a similar fate. I'm sure such distinguished officers would never permit such a precedent to be set. Thank you."

Admiral Fowler raised a hand, stopping Captain Wakeman in mid-rise to leave the witness stand. "Captain Wakeman, I know you're not required to answer any questions about your statement, but I'd like to ask one anyway."

Lieutenant Commander Garrity was on her feet. "Admiral-"

Garrity was herself interrupted by Judge Holmes. "Admiral Fowler, we are legally prohibited from questioning Captain Wakeman regarding his statement."

"Even if he agrees to answer voluntarily?"

"Captain Wakeman is on trial. Nothing the court asks of him can be viewed as entirely voluntary."

Fowler nodded brusquely. "All right."

"Thank you, Admiral. Commander Wilkes, is trial counsel prepared for closing argument?"

"Yes, Your Honor."

"Please proceed."

Wilkes faced the members. "Captain Wakeman has been charged with many violations of military law, but all of those charges come down to one common element: the culpably negligent and derelict behavior of Captain Peter Wakeman in carrying out his duties as the commanding officer of the USS Michaelson. Nothing the defense has presented has refuted the basic facts of the case, that Captain Wakeman failed to maintain his assigned patrol duties, recklessly closed on another ship, and fired a shot at that ship without sufficient justification, after which Captain Wakeman failed to maneuver to avoid the possibility of collision, instead choosing to fire directly upon and destroy the other ship. It wasn't simply careless, it wasn't simply a misinterpretation of his orders. It represented culpable negligence. It represented dereliction of duty in failing to conform to orders and instructions with which Captain Wakeman was required to be familiar. I ask you to find Captain Wakeman guilty on all charges and counts, for he has failed in the most basic elements of his responsibilities as a commanding officer of a US Naval warship, with tragic results."

Wilkes returned to his seat and Lieutenant Commander Garrity rose, also facing the members. "Captain Peter Wakeman was placed in an impossible position by orders which provided little guidance and broad responsibilities. Captain Wakeman's orders specifically called upon him to use his own judgment to determine which actions were necessary and appropriate to carry out a mission which had to be fulfilled. The decisions he made in attempting to carry out the mission were arguably misguided and even improper, but they were not criminally negligent or culpable. When suddenly embroiled in a crisis situation, a situation no one had anticipated, he was repeatedly warned of firing solutions and detections of possible weapon preparations. It doesn't matter that in hindsight we know the other ship was unarmed, what matters is that Captain Wakeman had to make a decision at that moment based on what he knew and what he was being told. I ask you to find Captain Wakeman innocent of all charges and specifications on the grounds that his actions were legitimate, even if flawed, attempts to carry out the letter and spirit of the orders he was operating under."

Garrity sat down again. Judge Holmes looked from the trial counsel to the defense counsel, then to the members. "Admiral Fowler, do you anticipate being able to render judgment tomorrow?"

"I can't promise that, Captain Holmes, but I think it's very likely. We still have the bulk of the afternoon and all evening to deliberate on this."

"Will ten hundred be an appropriate time to convene tomorrow?"

"I'd prefer oh-nine hundred, Captain Holmes. We ship-drivers start to go a little stir crazy if we can't start work until ten hundred."

"Very well. The court-martial is closed, and will reconvene tomorrow morning at oh-nine hundred in this courtroom."

Kris Denaldo gazed back at the door to the courtroom. "Well, tomorrow the wait is over. We find out what happens to Wakeman. It's going to be a long night for some people." She shifted her eyes to look at Paul and Jen. "I'm sure it'll pass quickly for you two, though."

Jen made a face. "Very funny. I've got duty tomorrow. First watch. I can't risk being late for that, so I'm sleeping on board tonight."

"Oh? Well, I guess I could get a rent-a-shack if you need privacy."

"I am not going to be in need of privacy, thank you, Miss Denaldo. You know that sort of thing isn't allowed on a ship."

"You think you'll get caught?"

"Even if we don't, the crew has a way of finding out about that sort of thing. Which I don't need. And if we did get caught, I'd end up in Herdez's stateroom getting a lecture on keeping my raging hormones under control. Which I need even less."

"Oh, okay." Kris grinned mischievously. "In that case, Paul, I'm available if you need any company tonight."

"Back off, Denaldo! He's mine." Jen glared at Paul. "You'd better not even be thinking about it."

"I'm not. I'm too nervous to think about anything much but that verdict tomorrow. I guess I'll stay on the ship, too."

"Don't get any ideas. I meant what I said."

"I never doubted it. But we've watched a lot of movies on duty nights, right?"

"Okay. As long as you don't try to hold my hand."

"Can I do the yawn and stretch bit where my arm comes down around your shoulders?"

"You can if you want to lose your arm," Jen answered with a grin. "Any other questions?"

"No goopy-eyes?"

"Definitely no goopy-eyes. See ya, Kris."

They headed back toward the ship, quiet for a few moments. Paul, despite his worries, savored the sensation of Jen being near. "Jen, can I ask you something?"