Burden of Proof

"Counsel for the defense recalls as his next witness Petty Officer First Class Ivan Sharpe."

Paul glanced around in surprise, seeing Sharpe marching down the center aisle of the courtroom until he reached the witness stand and was sworn in. What's Jones planning to get out of the Sheriff? Talk about a hostile defense witness.

Commander Jones stood before Ivan Sharpe. "Petty Officer Sharpe, I've reviewed your service record. It's very impressive. Not a blemish on it."

Sharpe watched Jones warily. "Thank you, sir."

"You assisted trial counsel in collecting statements from the crew of the USS Michaelson regarding the accident on 19 September, correct?"

"Yes, sir."

"And you earlier assisted Captain Shen in his investigation, once again handling his interactions with the enlisted crew."

"Yes, sir."

"In all those interviews, and in every other attempt to generate evidence against Lieutenant Silver, did you ever find anyone who could swear to having heard Lieutenant Silver order Chief Asher to undertake repairs to the power transfer junction in Forward Engineering?"

Sharpe's eyes shone with frustration but his voice stayed clear and professional. "No, sir."

"No one? Did you find anyone who could swear to Lieutenant Silver having been the one who damaged the engineering logs?"

"No, sir."

"Was Chief Asher a friend of yours, Petty Officer Sharpe? You've previously testified that he often spoke with you."

"Yes, sir. Chief Asher was a friend of mine. Before he died."

Paul twisted one corner of his mouth upward. Good one, Sheriff. You made sure nobody forgot that little fact.

"Then you would have been strongly motivated to fabricate evidence if necessary in order to obtain a conviction?"

"Objection. Defense counsel's question — "

"Ma'am?" Sharpe interrupted Commander Carr even as he eyed Commander Jones. "I'd like to answer that question, ma'am."

Commander Carr made a gesture of acquiescence. "Very well, Petty Officer Sharpe. Objection withdrawn."

Sharpe held his head high as he answered. "Sir, I have never been motivated or tempted or attempted to fabricate evidence in any case I have ever encountered."

"Never, Petty Officer Sharpe?"

"Never, sir."

"Even if you were convinced of the guilt of the suspect?"

"Sir, if the suspect's guilty, they'll make a mistake. I'll find it and I'll nail them. I'm not going to risk sending miscreants to jail and then having them sprung on appeal because I tried to ensure a guilty verdict. That's not the way I work."

"Then it's both a moral and a practical issue for you?"

"Yes, sir."

"You're to be commended, Petty Officer Sharpe. As I'm sure you're aware, on some occasions law enforcement professionals will attempt such measures."

"Only a few, sir."

"I won't debate that, Petty Officer Sharpe. Then you can confidently swear that the evidence so far presented against Lieutenant Silver in this court is complete, accurate and truthful to the best of your knowledge?"

"Yes, sir, I can."

"Yet, as you previously confirmed, it does not provide any direct and unambiguous proof of Lieutenant Silver's guilt."

Sharpe paused, his eyes once again wary, then he smiled politely. "Sir, what the evidence proves is up to the members of this court to decide. I just gather it. They decide what it proves."

Commander Carr clasped her hands together in a subdued gesture of triumph as Paul grinned at Sharpe. Sheriff, I would've fallen into the trap you just avoided, and agreed the evidence didn't prove the charges before I realized what I was doing. One more lesson in law enforcement for me from the master.

Whatever disappointment Commander Jones felt at having his trap circumvented didn't show. "Thank you, Petty Officer Sharpe. No more questions."

Commander Carr hesitated and Paul leaned forward to whisper. "Ask him what advice he gave me based on the evidence we had then."

"Thanks, Paul." Commander Carr stood and smiled at Sharpe. "Petty Officer Sharpe, what recommendation did you make to your ship's collateral duty legal officer based on the evidence available to you prior to your captain's decision to refer Lieutenant Silver to a court-martial?"

Sharpe smiled briefly back at her. "Ma'am, I recommended we charge Lieutenant Silver with multiple violations of the Uniform Code based upon that evidence."

"Then you, as a seasoned law-enforcement professional, did believe sufficient evidence existed even then to justify charging Lieutenant Silver."

"Yes, ma'am, I did."

"Has anything uncovered since that time caused you to question that recommendation?"

"No, ma'am."

"Thank you, Petty Officer Sharpe. No more questions."

Judge Halstead looked at Commander Jones. "Redirect, counsel?"

"No, Your Honor. No further questions."

"Members?"

Captain Mashiko gave Sharpe a long, appraising look. "Petty Officer Sharpe, could you work with Lieutenant Silver?"

"I beg the captain's pardon, sir?"

"Could you work with Lieutenant Silver? Assume he's exonerated by this court. Assume you end up his subordinate."

Sharpe didn't bother hiding his reaction to the question, but he replied in an unemotional voice. "Sir, I wouldn't be happy, but I'd do my job."

"Even though you believe Lieutenant Silver committed multiple violations of the Uniform Code and caused the death of a friend of yours?"

Sharpe's jaw twitched. "Yes, sir."

"But you'd keep on looking for evidence against him, wouldn't you? Even if he'd been acquitted."

"Sir, if new evidence came to light regarding a violation of the Uniform Code of Military Justice, I would bring it to the attention of proper authority. That's also my job, sir."

Captain Mashiko smiled. "Thank you, Petty Officer Sharpe. No more questions here."

Judge Halstead excused Sharpe, then nodded to Commander Jones. "Counsel for the defense, call your next witness, please."

"The defense rests, your honor."

Commander Carr looked toward the defense table, her expression guarded. Paul followed her gaze, seeing Lieutenant Silver sitting erect, his expression conveying calm confidence.

Judge Halstead nodded in acknowledgement. "Lieutenant Commander Jones, will Lieutenant Silver be availing himself of pre- or post-Gadsden trial procedure?"

"Post-Gadsden, your honor."

"Very well. The court-martial is closed, and will reconvene at 1300 in this courtroom for Lieutenant Silver's statement, followed by closing arguments."

Everyone came to attention once again as Judge Halstead and the members paraded from the courtroom. After the bailiff called out, "carry on," Paul took a step closer to Commander Carr. "I guess Lieutenant Silver's making a statement."

Carr glanced disdainfully toward the defense table. "Apparently so. I'll give you twenty-to-one odds it's an unsworn statement."

"Ma'am, I wouldn't take that bet at two-hundred-to-one odds. Why did the defense call so few witnesses?"

Commander Carr sighed. "Because he managed to make most of his points about the evidence while cross-examining my witnesses. That couldn't be helped. A circumstantial case has some inherent weaknesses, and Commander Jones is smart enough to exploit them. I hope you'll excuse me now. I need to work on my summation."

Paul backed hastily away. "Yes, ma'am. I'm sorry, ma'am."

She smiled again. "Lieutenant Sinclair, I'm not one of your space warfare officers. I don't bite."

"Captain Shen might have a different opinion about that, ma'am."

Her smile widened. "I love it when I nail a defense witness that way. Later, Paul."

"Yes, ma'am."

Paul came out of the courtroom once again expecting to eat alone, but this time Kris Denaldo and Randy Diego were waiting for him. "Mike Bristol wanted to be here, too, but he figured since he's a witness…"