accused on 18 January 2099. The accused and the following persons detailed to the court-martial are present: Rear Admiral Fowler, Captain Nguyen, Captain Holmes, Captain Feres, Captain Valdez, Captain Bolton, Commander Wilkes, Lieutenant Commander Garrity.'
'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.'
Everyone stood again as Rear Admiral Fowler led the four captains into the courtroom and over to their table. Fowler took the center seat. Captain Nguyen and Captain Feres hesitated, the Nguyen sat to Fowler's right and Feres to his left. The supply Captain, Valdez, took the outside seat to the right and Captain Bolton, the intelligence officer, took the outside seat to the left. Admiral Fowler looked to both sides. 'Everybody in the right seats by seniority? Good.' He nodded to Judge Holmes.
'You may be seated,' the judge advised everyone else in the courtroom. 'Continue, trial counsel.'
Wilkes faced partway between the judge's bench and the members' table. '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 Garrity 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.'
Captain Holmes nodded to both the lawyers, then looked toward Captain Wakeman. 'Captain Peter Wakeman, you have the right to be represented in this court-martial by Lieutenant Commander Garrity, 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 Garrity, your detailed counsel, continue to help in your defense. Do you understand?'
Wakeman licked his lips before replying. 'Yes. 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.'
'Do you have any questions about your right to counsel?'
'No.'
'Who do you want to represent you?'
'Commander Garrity.'
'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.'
Wilkes walked forward a few paces, then pivoted to once more face both the judge and the members of the court-martial. 'The general nature of the charges in this case allege negligent and reckless behavior on the part of Captain Wakeman which resulted in loss of innocent life. The charges were preferred by Commander, United States Naval Space Forces, and forwarded with recommendations as to disposition to Commander, United States Space Forces.' He looked directly at the judge. 'Your Honor, are you aware of any matter which may be a ground for challenge against you?'
'I am aware of none.'
'The government has no challenge for cause against the military judge.'
Garrity stood again. 'The defense has no challenge for cause against the military judge.'
The judge looked at Wakeman once more. 'Captain Wakeman, 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.'
'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, I understand that.'
'Have you discussed these choices with your counsel?'
'I have.'
'By which type of court-martial do you choose to be tried?'
From where Paul was sitting, he couldn't tell if Wakeman had glanced over at the members before answering. 'By members.'
'Very well.' The judge gestured to Wilkes. 'The accused will now be arraigned.'
Wilkes indicated the data link he held in one hand. 'All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?'
Garrity didn't bother looking toward Wakeman before she replied. 'The accused waives reading of the charges.'
The judge nodded to Wilkes. 'The reading may be omitted.'
Wilkes nodded back. '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.'
Judge Holmes focused on the defense table again. 'Captain Wakeman, 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.'
Garrity stood more slowly this time. 'Your Honor, the defense moves that all charges be dismissed as being at variance with naval custom and regulations requiring commanding officers to execute their orders to the best of their ability and guard their ships against harm.'
'The motion is denied. It has already been noted that the charges were properly brought by Captain Wakeman's operational commanders. Do you have any further motions?'
'No. Captain Wakeman pleads not guilty to all charges and specifications.'
'Very well. Will the prosecution make an opening statement?'
Commander Wilkes nodded again. 'Yes. The prosecution intends to demonstrate that Captain Wakeman disregarded his orders to patrol a designated area of space claimed by the United States, that he conducted an unauthorized intercept in unclaimed space territory of a ship belonging to another nation, and that this intercept was conducted in a reckless, negligent and aggressive manner which culminated with Captain Wakeman ordering his ship to fire on an unarmed ship, resulting in the deaths of thirty-seven civilians and the effective destruction of the other ship. Captain Wakeman had numerous opportunities to follow other courses of action, but he rejected every chance to conform to his orders and standing instructions, and to defuse a situation which became deadly as a result of his own carelessness. As such, Captain Wakeman should be found guilty on all charges and specifications, for each charge and specification is based upon his decisions, his actions, and his failures to properly command his ship.'
Wilkes returned to stand by his table while Judge Holmes looked toward Lieutenant Commander Garrity. 'Will the defense make an opening statement?'
'Yes, Your Honor. The defense intends to prove that Captain Wakeman was indeed following his orders as reasonably interpreted by himself and other members of his crew. Further, the defense contends that Captain Wakeman's encounter with the civilian ship of the South Asian Alliance was marked not by recklessness or carelessness, but by a compounding series of events which left Captain Wakeman perceiving only one course of action to ensure the safety of his own ship. As such, the defense intends to demonstrate that Captain Wakeman should be found not guilty on all charges and specifications.'
Garrity sat again. Judge Holmes looked around the court, her gaze lingering on the officers from the Michaelson, then settling on Commander Wilkes. 'Proceed.'
'Thank you. The United States calls as its first witness Commander Allan Garcia.'
Garcia stood and marched to the witness stand. He'd obviously made an effort to look immaculate, but the
