Burden of Proof (37 page)

"Manslaughter? My God. Is every officer who loses a sailor under tragic circumstances to be charged with causing that death? I did not order Chief Asher to repair that piece of equipment contrary to safety regulations. Ask them about that. Do they have any evidence I did so? Could they produce anyone who heard such an order? No, they could not, because it did not happen."

"I admit I committed some errors of omission in my statement to Captain Shen's investigation, but this was an error of the heart. I honestly believed any misconduct on Chief Asher's part would cause the Navy to deny his family the benefits they deserved, as well as besmirching the reputation of a man who could no longer defend himself."

Paul noticed a sharp pain, and looked down to see his hands clenched so tight the nails were digging into his palms.

Lieutenant Silver looked around the courtroom again, his expression confident once more. "Of course I mentioned this concern to my division. Of course I did. I deeply regret that they so misinterpreted my remarks. But none of them, not one, claims that I ordered them to lie. Because I had nothing to ask them to lie about."

"I ask that you acquit me of all of these unfair charges. In the name of justice. In the name of honor. In the name of refusing to scapegoat an officer for an accident he could not prevent, and a death which will always shadow his own life. Thank you. Thank you for giving me a chance to defend myself. Thank you for judging me as you would wish to be judged in my place."

Lieutenant Silver stood and began walking back toward the defense table. Paul heard a small sound and leaned closer to Commander Carr. He could barely make out the words she was muttering under her breath. "Five minutes. Give me five minutes to cross-examine that contemptible weasel. Just five minutes."

Paul leaned back again, trying to suppress his own anger.
But Commander Carr won't get five minutes. Or one minute. Because Silver's unsworn statement can't be subjected to cross-examination, or questioning by the members. No gets to pick apart his self-serving lies and throw them back at him. And the worst part is that everything Silver said sounded so reasonable. Invert the truth, the truth as I believe the evidence proves it, and it sounds perfectly reasonable. It's all Chief Asher's fault. The fault of a man who can no longer defend himself. Chief Asher, I swear, if Lieutenant Silver somehow beats these charges, I'm keep after him until I find charges that will stick. I owe that to you. Silver's not going to walk away from this, no matter how good an actor he is
.

Judge Halstead had also kept his reaction to Lieutenant Silver's statement to himself. Now he looked at Commander Carr. "Is trial counsel prepared for closing argument?"

"Yes, Your Honor." Commander Carr's voice was as smooth and confident as Lieutenant Silver's had been. She strode to the center of the court, facing the members. "Captain Mashiko, members of the court, you've all heard the evidence. There's no need for me to restate everything. No need to go back over Lieutenant Silver's knowingly false statements to his commanding officer. No need to recite the many errors he deliberately made in his sworn statement to Captain Shen. No need to point out Lieutenant Silver's inexplicable disappearance from his duties as command duty officer during exactly the time period when the engineering logs of the USS
Michaelson
were damaged. No need to review the quality of Chief Asher's service, which had never been questioned prior to this. Not even any need to point out that in his statement Lieutenant Silver
repeatedly
failed to correctly name the equipment which needed repair in Forward Engineering. Equipment which was
his
responsibility as main propulsion assistant, yet he is so unfamiliar with it
even now
that he cannot identify it properly.

"No, I want you to consider three facts. The first is that Lieutenant Scott Silver's commanding officer, Captain Hayes, no longer has any confidence in Lieutenant Silver. What does it take to convince a commanding officer that one of his officers is untrustworthy? Such a determination, as you all know, is not made at the drop of a hat.

"Secondly, Captain Shen, the officer whose investigative report initially cleared Lieutenant Silver of fault, no longer believes his conclusions were correct. He, too, expressed a lack of confidence in Lieutenant Silver. What does it take to independently convince
two
commanding officers than another officer is untrustworthy? Two officers entrusted with command of warships of the United States Navy, two officers with extensive experience and great responsibilities, and neither of them believes Lieutenant Silver."

"Thirdly . . ." Commander Carr spun around suddenly, her arm raised and finger pointed at Lieutenant Silver. "When cornered, what did Lieutenant Silver do? Who did he blame for everything that went wrong? A dead man." A ragged edge of fury crept into Commander Carr's voice. "A dead chief petty officer. A professional who had demonstrated years of selfless service to his comrades, to his superiors, to the Navy and to his country. That's who Lieutenant Silver blames. Someone unable to defend himself. Someone no longer able to counter Lieutenant Silver's self-serving and totally false statements. Someone who gave his life in the service of his country. Lieutenant Silver claims he doesn't care who gets the credit, but he doesn't hesitate to attach blame to the dead! And worst of all, Lieutenant Silver didn't even care how his actions and orders endangered Chief Asher, does not even now accept responsibility for his culpable and criminally careless behavior which forced Chief Asher into a the situation which caused his death."

Commander Carr's voice grew calmer again as she turned her back on Silver and faced the members once more. "I am asking you to find Lieutenant Scott Silver guilty as to all charges and specifications. When someone dons the uniform of an officer of the United States Navy and takes the oath of loyalty to the Constitution, they assume great responsibilities even as they are entrusted with great power over their fellows. Lieutenant Silver manifestly failed in his responsibilities. His commanding officer does not doubt that. The evidence all points in Lieutenant Silver's direction. There is no doubt he lied both to his commanding officer and to Captain Shen. A sailor is dead. A sailor whose life was entrusted to Lieutenant Silver. A warship suffered extensive damage, damage in a compartment full of equipment entrusted to Lieutenant Silver. Is there any reason to believe Lieutenant Silver's accusations against Chief Asher? Is there any reason to doubt the assessment of Lieutenant Silver's commanding officer?

"Members of the court, I ask you to ensure Lieutenant Silver is never again given the opportunity to bring about the death of a sailor, never again given authority over any other member of the service, never again entrusted with any equipment or ship belonging to the United States Navy. I ask you to find him guilty as to all charges and specifications. Not in the name of revenge, not in the name of vengeance, but in the name of justice. Lieutenant Silver has repeatedly betrayed the trust placed in him by the United States. I ask you not to give him a chance to do so again. Thank you."

Commander Carr walked deliberately back to her table, while Paul watched her with wide eyes.
If that performance doesn't convict Silver, I don't know what will
. He looked toward Lieutenant Silver, whose expression seemed less calmly confident now.
Sweat, you bastard. You've run into someone who can spin words just as well as you can, and she wants your hide
.

Judge Halstead, still apparently unaffected by the emotions swirling through the courtroom, looked toward the defense table. "Is counsel for the defense prepared to present closing argument?"

"Yes, your Honor." Commander Jones walked to the same position Commander Carr had taken to address the members of the court. "Lieutenant Silver has already clearly stated the grounds for acquitting him of all charges. Bluntly, there is no evidence directly linking him to most of the offenses with which he is charged. It is a case built entirely on circumstantial evidence, a house of cards resting on a foundation of speculation and innuendo. How can an officer be charged with giving an order which no one can testify they heard him give? How can an officer be charged with negligence because one of his sailors, acting alone, overrode safety interlocks and attempted a hazardous repair task single-handedly? How can an officer be charged with destroying data in his ship's engineering logs when the only evidence supporting that charge is that Lieutenant Silver was aboard the ship when the destruction allegedly happened? He was aboard the ship on his duty day! This is evidence of wrongdoing?

"Certainly, Lieutenant Silver was not seen by others for a brief period during the evening of 19 September. As his own department head testified, seeking out a small moment for private grief over the death of one of his sailors is not only understandable, but also appropriate."

"Yes, Lieutenant Silver admits to having provided incomplete information to his commanding officer on one occasion. Not out of intent to deceive, but out of shock and horror at what had happened. Yes, he tried to protect Chief Asher's reputation and service benefits during the formal investigation. This was perhaps misguided, but it was an error of the heart.

"Dereliction of duty? Because he failed to open some mail? If Lieutenant Silver's performance was so derelict, why was he not relieved of duty earlier? If Lieutenant Silver couldn't be trusted to carry out his responsibilities, why did he continue to serve in such vitally important positions as officer of the deck underway and command duty officer in port? What commanding officer would risk his or her ship in the hands of an officer they truly did not trust? If they did so, wouldn't they themselves be guilty of dereliction of duty?

"There was a tragedy on the USS
Michaelson
. No one denies that. I ask you not to compound that tragedy by convicting an innocent man, a dedicated and caring officer, because a scapegoat is being sought. A conviction on any charge requires proof that Lieutenant Silver
did
commit such an act, not just an unsupported assertion that he
could
have done something improper. Such proof was not presented during the course of this trial, because such proof does not exist."

"I ask you to acquit Lieutenant Silver of all charges. He has done his duty in trying circumstances. He does not deserve to be the victim of a process aimed at finding a warm body to blame for a tragedy. No officer deserves that. Thank you."

Commander Jones returned to his seat as the courtroom stayed silent. Paul looked toward the members of the court.
That's it. All the evidence has been presented, all the arguments made. Now it's up to those officers to decide Silver's fate
.

Judge Halstead gazed around the courtroom. "Captain Mashiko, the members may begin their deliberations. The court-martial is closed, and will reconvene tomorrow morning at 1000 in this courtroom."

* * *

Paul stood in the wardroom of the
Michaelson
, hastily gulping down some bitter coffee. Commander Sykes nodded to Paul from his customary seat. "Good luck, Mr. Sinclair."

"Thank you, sir."

"You seem a bit uneasy."

"The coffee sucks, Suppo."

Sykes grinned. "I'm wounded. You're really worried about the verdict, aren't you?"

Kris Denaldo, entering the wardroom at that moment, nodded as well. "That's it, right, Paul?"

"Yeah, that's right. No matter how strongly I believe in Silver's guilt, the evidence is overwhelmingly circumstantial. If we'd had Chief Asher to testify, there wouldn't be any problem. But since Asher's dead, Silver's able to avoid that."

Kris shuddered as she tasted some coffee. "Suppo, this stuff really reeks. That's ironic, isn't it, Paul? If Silver did cause Asher's death, then Asher's death helps protect Silver."

"Ironic isn't the word I'd use."

"Have you heard about the snipes? They say Chief Asher's been playing games with them in Forward Engineering."

Paul felt a sudden chill. "Playing games?"

"Yeah. The snipes claim he's still supervising them."

"I guess Davidas' ghost has some company now." Paul sighed and disposed of his empty coffee container. "Have you seen Gabriel? I've got duty today, but she's standing it for me until I can get back to the ship."

"Oh, yeah. She had a departmental meeting, but she asked me to tell you not to worry. As long as you're back before the end of the day it's no problem. If you're going to be delayed past that, Gabriel wants you to give her a call."

"No problem. Thank her for me." Paul sketched a salute toward Commander Sykes. "By your leave, sir."

Sykes hoisted his own coffee in reply. "I'm certain you will perform ably, Mr. Sinclair."

"It's out of my hands, Suppo. See ya, Kris."

Paul stepped out onto the quarterdeck, adjusting his uniform to ensure he looked his best. Lieutenant Sindh came by and inclined her head gravely. "May justice be done this day."

"So I hope."
There's one of my greatest fears resolved. No one's treating me like an outcast because I helped bring Silver to a court-martial. Well, Smiling Sam Yarrow's been avoiding me like the plague, but that's not exactly a bad thing from my perspective. No matter what the members of the court decide, the good officers of the Merry Mike think I was right to do what I did. Even Commander Garcia, something I never expected
. Paul saluted Chief Imari, the officer of the deck. "Ensign Gabriel's filling in for me in the duty section until I get back. Let me know if anything -" Paul bit his tongue. He'd been about to say "blows up," using the standard slang for a sudden emergency. In this context, with Chief Imari who'd been on the quarterdeck when something did blow up, it wouldn't sound right at all. "If any emergencies arise. Request permission to go ashore."

"Yes, sir." Chief Imari returned his salute. "Permission granted."

Paul strode across the brow, pausing to turn and salute the national flag aft, then headed for the courtroom.

* * *

Commander Carr raised one hand in brief greeting, then focused back on the front of the courtroom, her tension revealed only by one thumb tapping quickly against her index finger. Lieutenant Commander Jones sat with Lieutenant Silver at the defense table, neither one speaking as Jones read something on his data pad and Silver looked straight ahead.