Swords and Saddles (20 page)

“Exactly. Mind you, I don’t think anything like that is happening this time. The case seems based on Sharpe’s actions and different interpretations of what he did do and should have done, and the consequences of all that.”

“I didn’t go near Sharpe, but I talked to the master-at-arms who first tipped me off to the court-martial. Master Chief Wilmont, who initiated the charges, doesn’t like Sharpe,” Jen said. “Hasn’t liked him since well before the attack on the station.”

“Is that so?” Carr made some quick notes on her data pad. “Do you know why?”

“Yes, ma’am. A bar fight.”

“A bar fight? Sharpe?”

“Yes, ma’am. Master Chief Wilmont had a few, claimed I got away with murder and he and Sharpe ending up punching each other out. The senior enlisted community covered up the whole thing, but Wilmont didn’t forget.” Jen shrugged. “More fall-out from my court-martial.” More collateral damage to those who knew her.

Carr looked steadily at Jen for a moment, then a grim smile appeared on her face. “We may use that, lieutenant, and maybe educate Master Chief Wilmont a little in the process. Thanks. What’s the name of the enlisted who told you about this?”

“Henga. Chief Master-at-Arms Jan Henga.”

“Are she and Sharpe involved?”

“Not as far as I can tell. I think she’d like that but it hasn’t happened so far.”

“Good. Now, you get to the courtroom. You’ll be listed as Lieutenant Turen’s assistant on the access list. Sit behind the defense desk and wait.”

“You’re not coming now?”

“No.” Carr smiled reassuringly. “I have a few tasks to do first. Don’t worry, I’ll be there.”

Fifteen minutes later Jen arrived at the courtroom and found an unusual level of security. The panel beside the main entry which was supposed to display case information instead declared “Proceedings closed by order of Commander, U.S. Space Forces.” Outside the entry three masters-at-arms stood, turning aside the curious. Jen felt a quiver inside as memories of her pre-trial confinement came back, memories of a hundred small indignities inflicted by cops like these who had been certain she was guilty. Setting her jaw and squaring her shoulders, Jen walked steadily up to the masters-at-arms. “Lieutenant Shen. I’m authorized entry.”

One of the masters-at-arms stared at her. Jen remembered the face, and just stared back until the woman averted her eyes. Another master-at-arms was busy checking her ID against his list. “Assistant to the counsel for the defense?” He seemed puzzled. “A line officer, ma’am?”

“I have some experience with legal matters,” Jen replied. “Is there a problem?”

“No, ma’am, except you’re required to sign this security agreement prior to entry.”

Jen read through the document, a standard nondisclosure agreement, then signed. “Anything else?”

“No, ma’am. Thank you, ma’am.” The master-at-arms held open the door to the courtroom and Jen walked inside.

Despite all of her mental preparations, the feelings almost overwhelmed her. The despair, the humiliation, the confusion as the government had steadily piled up circumstantial evidence claiming she had sabotaged her own ship. It took all of Jen’s self-control to shake off the feeling of panic that rose within her.
I wish Paul was here
.

She knew where the defendant’s table was, and paused for a moment looking at it in front of her before taking a seat in the first row of chairs behind the table. Aside from the lack of spectators, the courtroom had a standard arrangement, with the judge’s elevated bench in front, the witness chair beside it, the defense and trial counsels’ desks facing the judge’s bench, rows of empty chairs normally for the use of spectators behind them, and off to one side a long table draped with a Navy blue cloth where the members of the court would sit. She wondered who those members, the jury in this court-martial, would be.

Lieutenant Turen arrived soon afterwards, giving Jen a worried look but nodding in greeting. Some time later the trial counsel arrived. Major Hue seemed quietly competent, his Marine uniform a contrast to the Navy uniforms of the others. At one point Major Hue spotted Jen, frowned, and consulted his data pad. He gave Jen a curious look, but then went back to his preparations.

Half an hour before the trial was scheduled to begin Chief Sharpe came striding down the aisle between the spectator chairs and straight to the defense table. Sharpe, in his finest uniform, greeted Lieutenant Turen, then as he was sitting down noticed Jen, initial surprise turning into a worried glower. “Ma’am, what the –“

Jen silenced him with a look. “At ease, Sheriff. I’m helping the defense.”

Sharpe looked toward Turen. “But –“

“I already know. Stay focused, chief.”

Just before 1000 the bailiff walked through the courtroom looking for problems, then back to stand by the door through which the judge would enter. “All rise.”

Everyone came to attention, and Captain Halstead walked up to the judge’s bench, taking his seat. “This Article 39(A) session is called to order. You may be seated.”

Major Hue stood. "The court-martial is convened by general court-martial convening order 0334, Commander, United States Space Forces, copies of which have been furnished to the military judge, counsel, and the accused. The charges have been properly referred to the court-martial for trial and were served on the accused on 18 August 2104. The accused and the following persons detailed to the court-martial are present: Captain Halstead, Major Hue, Lieutenant Commander Nasser, Lieutenant Brook, Captain Daladros, Lieutenant Turen, Master Chief Petty Officer Kobo, Senior Chief Petty Officer Polaski."

"Very well. Bailiff, please ask the members of the court-martial to enter."

The bailiff went to another door, cracked it, nodded, then stood aside. "All rise."

Jen watched as the members entered. LCDR Nasser was a space warfare officer. He’d likely be tough. Lieutenant Brook was an intelligence officer, so it was hard to tell what she’d be like. Captain Daladros, a Marine whose rank was equivalent to a Navy lieutenant’s, bore an impressive set of ribbons on the left breast of her uniform. Master Chief Kobo was a radio specialist, while Senior Chief Polaski was a bosun’s mate.

"You may be seated," the judge ordered the rest of the courtroom again as soon as the members had sat down. "Continue, Trial Counsel."

First Major Hue and then Lieutenant Turen faced the judge's bench, each reciting the standard legal boilerplate establishing that they had been properly assigned to the court-martial, were qualified and sworn, and had not acted in any way that might disqualify them from serving in the court-martial.

Captain Halstead looked at Sharpe. "Chief Petty Officer Ivan Sharpe, you have the right to be represented in this court-martial by Lieutenant Turen, your detailed defense counsel, or you may be represented by military counsel of your selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have Lieutenant Turen, your detailed counsel, continue to help in your defense. Do you understand?"

Sharpe, standing also, spoke clearly. "Yes, sir. I understand."

"In addition, you have the right to be represented by civilian counsel, at no expense to the United States. Civilian counsel may represent you alone or along with your military counsel. Do you understand?"

"Yes, sir."

"Do you have any questions about your right to counsel?"

"No, sir."

"Who do you want to represent you?"

“Your Honor, I wish to be represented by a military attorney of my choice. Commander Alexandra Carr, United States Navy.”

The courtroom went totally silent, the judge and trial counsel staring at Sharpe and the few other occupants watching them. Finally, Captain Halstead cleared his throat. “You understand, Chief Sharpe, that you are allowed to request a specific military attorney but that the attorney must be reasonably available?”

“I do, Your Honor.”

Major Hue shook his head. “Your Honor, Trial Counsel wishes to point out that Commander Carr is currently stationed on Earth.” He held up his data pad. “I have just confirmed that she is assigned to the Joint Legal Team for the Washington Military District. While not wishing to deny Chief Petty Officer Sharpe his right to chose his own counsel for the defense, I must argue that this does not meet any accepted definition of ‘reasonably available.’”

Lieutenant Turen stood up, his expression apologetic. “Your Honor, notwithstanding Commander Carr’s assigned duty station, it is my understanding that Commander Carr is currently physically located just outside of this courtroom.”

This time the silence reigned longer. Finally, Judge Halstead pointed toward the door. “Why don’t we ask her to join us, Defense Counsel?” Lieutenant Turen walked quickly to the back of the courtroom, opened the door, then stood aside as Commander Carr walked in.

Jen barely kept from laughing at the expression on Major Hue’s face. The judge couldn’t seem to decide whether to smile or to frown, but finally settled on a scowl. “I don’t approve of theatrics in my courtroom. Who were trying to impress with that little show, Commander Carr?”

Carr stopped before the judge’s bench, speaking respectfully. “My apologies if this appeared theatrical, Your Honor. The government’s insistence on limiting access to the courtroom forced me to remain outside until I was named by the defendant as his choice for counsel.”

Halstead didn’t appear to be mollified by the explanation. “How long have you been on this station, commander?”

“I arrived on this morning’s shuttle, Your Honor.”

“You’ve been on the station less than two hours? Do you feel capable of acting as counsel for the defense, or will that require the court to order a recess to give you time to prepare?”

“I’ve been in contact with Lieutenant Turen and feel capable of acting as Chief Petty Officer Sharpe’s counsel in this trial without need for a recess, Your Honor.”

The judge studied Carr for a while, his eyes intent, then nodded. “Trial Counsel, does the government have any cause for challenge against Commander Carr?”

Major Hue gave Carr a hard look. “Given the classified nature of these proceedings, the government feels it is necessary to establish what brought Commander Carr to this station at this time and led her to be in contact with Lieutenant Turen, Your Honor.”

Carr nodded, perfectly calm and composed. “I initiated contact with Lieutenant Turen when informal information from other sources revealed that Chief Sharpe was facing trial, Your Honor. Those sources notified me only of the fact of a trial, not of specific charges, evidence or other classified information. I received formal approval from my chain of command to discuss the case with Lieutenant Turen prior to contacting him.”

“Why did you get involved?” the judge asked. “Are you saying you are personally acquainted with Chief Sharpe, commander?”

Carr turned slightly to indicate Sharpe. “I know him because he was a witness in some of the cases I prosecuted while assigned here, Your Honor. He rendered important assistance to my cases.”

“That scarcely seems adequate reason to become so involved in this case, commander,” the judge pressed.

“I had other personal reasons for visiting the station and getting involved in the case, Your Honor, which I will be happy to discuss with the judge and Trial Counsel in closed session.”

“Personal reasons?” Halstead asked. His eyes came to rest on Jen before going back to Carr. “The court is willing to accept Commander Carr’s explanation. Does Trial Counsel wish to insist upon a formal challenge to her presence here?”

Hue seemed to be thinking, and now shook his head. “No, Your Honor.”

Halstead waved toward the defendant’s table. “Then you may assume your duties as counsel for the defense, commander. Lieutenant Turen, you are excused.”

Lieutenant Turen spoke with a trace of pleading in his voice. “Your Honor, I respectfully request that the court allow me to remain as an observer for the trial.”

“Does the government object?” the judge asked.

Major Hue smiled crookedly. “Lieutenant Turen is already fully aware of all matters in this case, Your Honor, and observing the trial would no doubt provide him with invaluable experience. He can serve as Defense Counsel’s assistant.”

Carr smiled politely. “Defense Counsel has no objection to Lieutenant Turen observing the trial, but desires to retain her current assistant.”

Hue shook his head. “Your Honor, I didn’t intend making an issue of Lieutenant Shen’s presence in this courtroom, but in conjunction with Commander Carr, I believe her presence might be prejudicial to a fair and impartial trial.”

“Is Trial Counsel suggesting that the current case bears any relationship to the case involving Lieutenant Shen?” Carr asked.

“Of course not. But the members might erroneously draw such a connection.”

Carr was in full lawyer mode, addressing the judge with precise and earnest words. “Your Honor, the charges against Lieutenant Shen were dismissed with prejudice. As far as the government is concerned, nothing regarding those charges or her court-martial prior to that dismissal can ever be used against Lieutenant Shen. If she is excluded from this courtroom on the grounds that she was so charged, then the government will be taking prejudicial actions against Lieutenant Shen solely on the basis of those charges and that trial. Such a challenge cannot be legally admissible.”

Halstead was listening, his mouth twisted, one hand slowly turning the gavel he held. “Defense Counsel makes an excellent point, Trial Counsel. Do you have a rebuttal?”

Major Hue looked down for a long moment, then raised his eyes and shook his head. “No, Your Honor. Trial Counsel will raise no further objection to the assistant for the Defense Counsel.”

“Very well.” Halstead looked at Carr, his face stern again. “But if any more theatrics take place, including any involving your assistant, commander, then I will revisit this issue. Is that understood?”

“Yes, Your Honor. I now request five minutes to assume duties as defense counsel.”