When they were all seated, Captain Mashiko nodded to Judge Halstead. "We're ready, your honor."
"Thank you. Everyone may be seated. Trial counsel, continue."
Commander Carr stood again. "I have been detailed to this court-martial by order of the fleet judge advocate general's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."
Lieutenant Commander Jones stood. "I have been detailed to this court-martial by order of the fleet judge advocate general's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."
Paul listened to the declarations, remembering when he'd last heard them. Much of what the lawyers and judge would say to open the court-martial was written in stone, or at least in the Manual for Courts-Martial, to ensure every legal nicety had been observed. For some reason, this seemed to give the stately formality of the announcements extra weight.
Judge Halstead looked toward the defense table. "Lieutenant Scott Silver, you have the right to be represented in this court-martial by Lieutenant Commander Jones, 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 Commander Jones, your detailed counsel, continue to help in your defense. Do you understand?"
Lieutenant Silver nodded firmly, his expression now studiously serious. "Yes, sir."
"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?"
"I wish to be represented by Lieutenant Commander Jones, sir."
"Very well. Counsel for the parties have the necessary qualifications, and have been sworn. I have been detailed to this court by order of the judge advocate general's office of the Commander, United States Space Forces."
Commander Carr left her table, walking briskly to take up a position where she faced both the judge and the members' table. "The general nature of the charges in this case allege culpable negligence which resulted in the death of an enlisted member of the United States Navy and extensive damage to US military property, and subsequent criminal acts to cover up responsibility for this death and damage. The charges were preferred by Commander, United States Naval Space Forces, and forwarded with recommendations as to disposition to Commander, United States Space Forces." Commander Carr faced Judge Halstead. "Your honor, are you aware of any matter which may be a ground for challenge against you?"
"I'm aware of none."
"The government has no challenge for cause against the military judge."
Commander Jones stood again. "The defense has no challenge for cause against the military judge."
Halstead focused on the defense table. "Lieutenant Silver, do you understand that you have the right to be tried by a court-martial composed of members and that, if you are found guilty of any offense, those members would determine a sentence?"
"Yes, sir."
"Do you also understand that you may request in writing or orally here in the court-martial trial before me alone, and that if I approve such a request, there will be no members and I alone will decide whether you are guilty and, if I find you guilty, determine a sentence?"
"Yes, sir."
"Have you discussed these choices with your counsel?"
"Yes, sir, I have."
"By which type of court-martial do you choose to be tried?"
Lieutenant Silver looked confidently toward the members' table. "By members, sir."
"Very well. The accused will now be arraigned."
Commander Carr held up her data pad. "All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?"
Jones looked at Lieutenant Silver and whispered something. Silver's lips twitched in a smile and he nodded. "The accused wishes the charges to be read."
"Very well." Carr positioned her pad where she could easily read it. "Lieutenant Scott Silver is charged with violations of the following articles of the Uniform Code of Military Justice.
"Article 92, Dereliction in the Performance of Duties. In that Lieutenant Scott Silver, United States Navy, who should have known of his duties onboard USS Michaelson, CLE(S)-3, from about 20 August 2100 to about 19 September 2100 was derelict in the performance of those duties in that he negligently failed to ensure the proper operation and maintenance of equipment under his area of responsibility as Main Propulsion Officer.
"Article 107, False Official Statements. In that Lieutenant Scott Silver, United States Navy, did, on board USS Michaelson CLE(S)-3, on or about 19 September 2100, with an intent to deceive, make to Captain Richard Hayes, United States Navy, his commanding officer, an official statement, to wit his knowledge of events onboard USS Michaelson, CLE(S)-3, the evening of 19 September 2100, which statement was false in that it failed to correctly state Lieutenant Silver's actual knowledge of and role in those events, and was then known by said Lieutenant Silver to be false.
"Article 108, Military Property of the United States — sale, loss, damage, destruction or wrongful disposition. Specification One. In that Lieutenant Scott Silver, United States Navy, did, onboard USS Michaelson, CLE(S)-3, on or about 19 September 2100, without proper authority, willfully damage and destroy by ordering actions contrary to established safety procedures and regulations, military property of the United States, to wit all equipment located within the Forward Engineering compartment. Specification Two. In that Lieutenant Scott Silver, United States Navy, did, onboard USS Michaelson, CLE(S)-3, on or about 19 September 2100, without proper authority, willfully damage and destroy by use of unauthorized software the records contained within the engineering logs of the ship.
"Article 110, Improper Hazarding of a Vessel. In that Lieutenant Scott Silver, United States Navy, did, on or about 19 September 2100, while serving as command duty officer and main propulsion assistant onboard USS Michaelson, CLE(S)-3, willfully and wrongfully hazard the said vessel by ordering a subordinate to take actions contrary to established safety procedures and regulations.
"Article 119, Manslaughter. In that Lieutenant Scott Silver, United States Navy, did, onboard USS Michaelson, CLE(S)-3, on or about 19 September 2100, by culpable negligence, unlawfully kill Chief Petty Officer Vladimir Asher by ordering him to undertake single-handedly repairs of the power transfer junction in the Forward Engineering compartment in culpable disregard for the foreseeable consequences to others of that act.
"Article 131, Perjury. In that Lieutenant Scott Silver, United States Navy, did, onboard USS Michaelson, CLE(S)-3, on or about 23 September 2100, in a statement under penalty of perjury pursuant to section 1746 of title 28, United States Code, willfully and corruptly subscribe a false statement material to the matter of inquiry, to wit the cause of the death of Chief Petty Officer Vladimir Asher and associated explosion and fire in the Forward Engineering compartment, which statement was false in that it did not reveal Lieutenant Silver's knowledge of Chief Asher's purpose in Forward Engineering nor Lieutenant Silver's orders to Chief Asher which directly led to the accident, and which statement he did not then believe to be true.