He lowered the data pad so he could read from it. 'I'd like to quote from one memorandum in particular. Quote. Though designed to compensate for system-wide power fluctuations by dampening feedback cycles, test results show a real possibility that SEERS may enter its own rapid destructive feedback loop. Since SEERS controls all,' Bashir stopped speaking and looked around. 'I'd like to emphasize that. Quote. Since SEERS controls all safety interlocks in a system in order to regulate power loads effectively, this creates a situation in which SEERS could very rapidly mismanage power loads and with little or no warning cause near simultaneous-.' Bashir paused again, and looked around before resuming speaking. 'Near simultaneous destructive failure of multiple engineering components. Unquote.'
Paul realized he was smiling like an idiot but couldn't stop. At the member's table, the officers were staring at Bashir with mingled expressions of astonishment and disbelief.
'Let me cite one other sentence a few lines down,' Bashir continued. 'Quote. Tests indicate the only warning that these power fluctuations will soon reach uncontrollable levels is likely to be when remote elements of the system grid begin reporting widely varying power load states at short intervals. Unquote.' Bashir gazed at the trial counsel's table. 'May I stipulate for the record that the after power coupling on the USS Maury is a remote element in its engineering system?'
Carr said nothing, but Captain Carney leaned forward. 'What would be the basis for stating that?'
'The engineering systems manual for the Maury, Captain.'
'Oh.' Carney sat back again.
Judge McMasters, his face looking angrier with every word Bashir spoke, nodded. 'Let the record show the after power coupling on the USS Maury is a remote element of its engineering system.'
Lieutenant Bashir pointed at Jen, whose own expression could only be described as stunned. 'The essential basis for the charges against Lieutenant Shen is that there was no other possible explanation for what happened to the engineering system on the USS Maury. No possible way the system could have accidentally suffered from near- simultaneous catastrophic overloads of its equipment. But that is not true. The documents just now uncovered reveal beyond a shadow of a doubt that SEERS could cause such an accident. And that this was known to some officials in the government via official correspondence warning that SEERS was not ready to install on ships of the United States Navy. Further, in gross violation of the rules of evidence, these documents were not provided to Lieutenant Shen to aid in her defense.'
Bashir turned toward Judge McMasters. 'Your Honor, in light of the facts I have just described, the defense moves that all charges against Lieutenant Shen be dismissed.'
The judge's jaw moved back and forth for a few moments before he answered Bashir. McMaster's eyes were angry slits as he nailed Commander Carr with his gaze.
'Commander Carr. Was the government aware of the existence of these documents prior to this?'
She stood and faced him, standing at attention. 'No, Your Honor.' To Paul's surprise, Carr's own voice seemed on the verge of shaking with anger. 'They were not revealed to me, to my office, or to the best of my knowledge to my immediate superiors.'
'Are you aware of how serious this transgression is?'
'I am fully aware of it, Your Honor. I assure you, I intend finding out why this evidence was withheld.'
'Oh, I'll help you with that, Commander.' McMaster's face wasn't a pretty sight. 'Somebody's going to get nailed for this. If it were not for the high respect which your reputation commands I'd be sanctioning you for contempt right now. But I believe your assertion. Defense counsel has moved that all charges against Lieutenant Shen be dismissed. I want to know what you have to say about that.'
Carr's face reddened. 'If I may have a few hours to consult-'
' Now, Commander. The government has had more than adequate time to compile this case. If trial counsel wishes to register an objection, I want it now.'
Carr looked downward. Paul couldn't read her expression but he could tell her body was rigid. Then Carr slowly raised her head to look back at the judge. 'Trial counsel has no objection.'
'Let me be certain what the record reflects, Commander. Is trial counsel agreeing these charges were brought in error?'
Commander Carr looked directly at Jen. 'Your Honor, I did not personally bring these charges, but had trial counsel been aware of these documents, I would have refused to prosecute this case.'
The court room erupted in a whispers and murmurs. The bailiff and Judge McMasters glared around with sufficient menace to quiet the noise almost as soon as it began. The judge raised his gavel. 'Then it is the judgment of this court that all charges against Lieutenant Junior Grade Jenevieve Diana Shen are dismissed with prejudice, such judgment to take effect immediately.' McMasters pointed a rigid index finger at the masters-at- arms standing at the back of the courtroom. 'The court further directs that Lieutenant Junior Grade Shen be released from custody immediately. This proceeding is closed. Trial counsel, I want to see you in my chambers in fifteen minutes.'
McMasters left so quickly the bailiff barely had time to bring the people in the courtroom to their feet. The room erupted into a buzz of conversation, the neat lines of spectators dissolving into small clumps excitedly discussing what had just happened.
Jen seemed to be in shock, staring at Lieutenant Bashir, who was laughing quietly. Paul pushed forward. 'What exactly does this mean? I can't remember what 'dismissed with prejudice' means but it sounds bad.'
'Bad? Hell, no. Not for us.' Bashir sobered enough to smile widely at Jen and Paul. 'It means the government can't charge Ms. Shen with those offenses again. Ever.'
'But she couldn't be tried twice for the same offense anyway.'
'Uh-uh.' Bashir shook his head. 'This trial was never finished. Unless a verdict had been rendered, technically Jen wouldn't have been tried before. They could've brought the same charges later. I know that sounds screwy, so just accept that the judge's ruling means Jen is free and clear of this nightmare for this point forward.'
The masters-at-arms who'd escorted Jen into court that morning appeared, looking ill at ease. One bent to remove the ankle restraint on Jen while the other looked into another corner of the courtroom. Jen glared at both until the first had finished removing her bond. 'Get away from me,' she ground out between clenched teeth.
Paul remembered what Sharpe had told him. There's things guards can do to prisoners. He stepped forward, commanding the attention of both of the masters-at-arms. 'Remember this. They're not always guilty.'
The guards exchanged glances, then the senior one answered without visible emotion. 'Yes, sir.'
Jen turned away so she couldn't see the guards. 'Get out of here.'
Another exchange of glances, then the guards walked toward the door of the courtroom.
Jen started to say something else, but her face went pale. Paul turned and saw Commander Carr standing close by, her own expression tightly controlled. Carr took a long breath before speaking. 'Lieutenant Shen, I wish to offer my strongest and most sincere apologies for what you went through. I want to assure you that I would never have proceeded with this case had I known vital evidence had been withheld from me and from you. I will find out who was responsible and do everything I can to bring them to account.'
Jen stared back at her, saying nothing.
'I wouldn't blame you if you refused to accept my apology for what could've been a gross miscarriage of justice. But I do want to ensure you know that duty or not I would not have done this knowingly, and that this man of yours,' she pointed at Paul, 'deserves every credit for this outcome.' Jen nodded. Commander Carr waited a moment longer, watching Jen's unyielding face, then smiled tightly. 'For what it's worth, I don't know that I'd accept an apology myself if our situations were reversed.'
Paul watched Jen, trying to will her to respond graciously before Carr turned away. C'mon, Jen. She did the right thing when the chips were down.
Jen's expression didn't change, but she slowly nodded again. Then she extended her hand. Carr eyed it with surprise, then reached to shake it. However, when Commander Carr's hand was just about to grasp hers, Jen yanked her own up and back, grinning fiercely. 'Psych. Ma'am.'
Carr returned the grin and the fierceness. 'Want to try again, Ms. Shen?'
'Sure. If you do.' This time the two women shook hands.
Paul looked from Jen to Commander Carr and mentally shook his head. He could see their hands quivering from the pressure they were exerting. He couldn't tell if they were also digging their nails into each other's hands as they shook, but he wouldn't have been surprised. Man, if you ever locked those two into a room together they'd either kill each other or come out as fast friends.
