"The charges are signed by Commander, United States Naval Space Forces, a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces authorized to administer oaths, and are properly referred to this court-martial for trial by Commander, United States Space Forces, the convening authority."
Paul's eyes had been fixed on Commander Carr as she spoke, but now he swiftly shifted his gaze to the defense table. Lieutenant Silver was standing at attention, his expression that of a man enduring assaults on his character with dignity. I have to give Silver credit. He's good. I bet that's why he asked the charges to be read, so he could act noble and aggrieved while listening to them.
Judge Halstead looked at Silver as well. "Lieutenant Silver, how do you plead? Before receiving you pleas, I advise you that any motions to dismiss any charge or grant other relief should be made at this time."
Lieutenant Commander Jones answered instead of Silver. "Your Honor, the defense moves that all charges and specifications be dismissed in light of the lack of evidence directly implicating Lieutenant Silver as being guilty of any of the offenses listed."
"The motion is denied. The purpose of this proceeding is to determine whether the evidence the government has compiled is sufficient to prove the charges brought against Lieutenant Silver. Do you have any further motions?"
"No, Your Honor."
Lieutenant Silver faced the members rather than the judge. "I plead not guilty to all charges and specifications."
Halstead nodded. "Very well. Does the prosecution have an opening statement?"
"Yes, Your Honor." Commander Carr also faced the members now. "The prosecution intends to demonstrate that Lieutenant Silver exercised negligence in his duties as main propulsion assistant, which caused the failure of a critical piece of equipment in Forward Engineering on the USS Michaelson. As a result of this, and in an attempt to conceal his negligence, Lieutenant Silver personally obtained a necessary spare and ordered Chief Petty Officer Asher to install single-handedly that spare on Saturday, 19 September 2100. In order to do so, Lieutenant Silver ordered Chief Asher to disable safety interlocks which further disabled the fire suppression systems in Forward Engineering, assisting Chief Asher in this by providing an officer's authorization. Following the explosion and fire that resulted in Chief Asher's death and extensive damage to the ship, Lieutenant Silver lied to his commanding officer about his knowledge of and role in the events. Lieutenant Silver then used software to destroy the records in the USS Michaelson 's engineering logs which would have documented his role in the explosion, fire and death of Chief Asher, then subsequently swore to a false statement during a formal investigation of the accident. Lieutenant Silver should be found guilty as to all charges and specifications, for his culpable negligence which led to the death of a sailor under his command, for his lying to his commanding officer, for the destruction of government property engineered by him, and for his perjury during the investigation of the accident."
Commander Carr returned to her seat, as Judge Halstead looked toward Commander Jones. "Does the defense have an opening statement?"
"We do, Your Honor." Commander Jones walked to the same position Commander Carr had occupied. "The defense contends that the government lacks proof of the charges lodged against Lieutenant Silver. There is no evidence Lieutenant Silver engaged in the actions alleged by the prosecution, and if he did not commit those acts, then he did not make a false statement or commit perjury when describing his role in the terrible events onboard USS Michaelson the evening of 19 September 2100. While the loss of life and property onboard USS Michaelson is cause for deep regret, scapegoating Lieutenant Silver will not bring back Chief Asher or undo the events of that night. Lieutenant Silver is a dedicated Naval officer who has done his duty to the best of his ability. Since the prosecution lacks proof otherwise, he should therefore be found innocent on all charges and specifications."
Commander Jones, his statement completed, returned to his seat. Silence reigned in the court for a brief moment as Judge Halstead seemed to be pondering his own thoughts. Then Halstead gestured to Commander Carr. "You may proceed, Commander."
"Thank you, Your Honor. The United States calls as its first witness Petty Officer First Class Alysha Kulwari."
Chapter Ten
Petty Officer Kulwari, looking slightly uncomfortable in what appeared to be a new uniform, came down the aisle, her eyes fixed on the witness stand. Commander Carr stood before Kulwari, her posture now more relaxed, her expression encouraging. "Do you swear that the evidence you give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, so help you God?"
"I do, ma'am."
"Are you Petty Officer First Class Alysha Kulwari, United States Navy, assigned to the engineering department on the USS Michaelson?"
"Yes, ma'am."
"Do you know the accused?"
"Yes, ma'am. Lieutenant Silver's my — excuse me, Lieutenant Silver was my division officer for about a month."
"In other words, you worked directly for Lieutenant Silver during that period. Is that correct?"
"Uh, well, ma'am, orders would usually come through Chief Asher, but Lieutenant Silver gave him those orders, yes, ma'am."
Commander Carr crossed her arms, her eyes still on Petty Officer Kulwari. "What can you tell us regarding the power transfer junction in Forward Engineering on the USS Michaelson during the period when Lieutenant Silver was serving as your division officer?"
Kulwari's eyes flicked around the room, avoiding resting on Scott Silver as they did so. "Ma'am, about a week after Lieutenant Silver took over from Lieutenant Kilgary the junction controller started going bad."
"It started going bad. The controller didn't just fail?"
"No, ma'am. They don't do that. You see them start to go bad and they get worse and worse until they crap out. I'm sorry, ma'am, until they fail."
"How long does it take them to fail?"
"Usually two to three weeks. You can nurse them along and compensate for the problems for that long, but after that they're too bad to use anymore."
"The controller is a critical part of the power transfer junction?"
"Yes, ma'am. That junction won't work without it."
"What happens if the junction doesn't work?"
Petty Officer Kulwari bit her lip as she formulated her reply. "The ship can operate on the other power transfer junction in After Engineering, but she can't do everything. There are a lot of limitations."
"Do you carry a spare controller onboard?"
"Sometimes, ma'am."
"Sometimes?"
"Ma'am, I don't know why, but there's not enough spares of that controller to go around, so they get reserved for ships that are going out on long missions. If a ship's operating in the local area, we never carry a spare because we can get home in time if one starts to go bad."
Commander Carr walked back and forth slowly in front of the witness stand. "To summarize, then, the controller in the power transfer junction in Forward Engineering started to fail about one week after Lieutenant Silver took over as your division officer. You had about two to three weeks before the controller would totally fail, and when it did fail the ship's ability to operate would be severely curtailed. Is that correct?"
Petty Officer Kulwari nodded. "Yes, ma'am."
"To your certain knowledge, was Lieutenant Silver informed of the impending failure of the controller?"