Burden of Proof

'Then, again in your professional judgment, should the accident on 19 September have been able to destroy the data in those logs?'

Destin's lips pressed together in a tight line, then she shook her head. 'Not to my knowledge.'

'What sort of information would those engineering logs have contained?'

'Anything pertaining to the status and operation of the equipment in Forward and After Engineering.'

'In other words, they would've told us if someone were working on the power transfer junction in Forward Engineering?'

'Yes.'

'And if whoever was working on that equipment had disabled safety interlocks?'

'Yes.'

'What does it take to disable those safety interlocks, Commander Destin? Could Chief Asher have done it by himself?'

Destin's mouth worked for a moment. 'No.'

'Doesn't the engineering system require authorization codes from an officer and an enlisted to disable safety interlocks?'

'Yes.'

'Then an officer had to have been involved in assisting Chief Asher if he was working on the power transfer junction, correct? An officer in the engineering department?' Destin stared stubbornly past Commander Carr. 'Commander Destin. If Chief Asher was working on the power transfer junction single-handedly, doesn't that mean he had to have disabled the safety interlocks, and isn't that only possible with the assistance of an officer from the engineering department?'

Commander Jones was on his feet. 'Objection. The witness is being asked to describe a situation whose existence has not been proven. Whether or not Chief Asher was working on the equipment remains speculative.'

Commander Carr spoke directly to Judge Halstead. 'Your Honor, the question pertains to standing procedures and system requirements within the engineering department. There is nothing speculative about the nature of those requirements.'

Jones shook his head. 'Your Honor, the question only matters if the theoretical situation is assumed to exist. Trial counsel cannot simply assume the existence of that condition but must first prove it.'

'I disagree, Your Honor. Engineering system requirements are matters of fact. If defense counsel prefers, I could simply introduce the engineering department system manuals into evidence in order to establish the same point.'

'Your Honor — '

Jones' latest point was cut off as Judge Halstead held up one hand in a warning gesture. 'I'd appreciate the chance to get a word in edgewise, Counsels. Trial counsel's question clearly pertains to a matter of fact, though any attempt to subsequently link that fact to events must be regarded as theoretical unless further proof is supplied. Objection overruled. The witness is directed to answer the question.'

Commander Destin looked at the judge as if trying to be sure she was the one being addressed, then focused back on Commander Carr. 'Yes. The system requires an officer and an enlisted to provide authorization codes.'

Commander Carr eyed Commander Destin a moment longer. 'Thank you, Commander. No further questions.'

Lieutenant Commander Jones came forward to stand a little further back from Destin than Carr had, his posture less challenging. 'Commander Destin, you've already testified to having a general good impression of Lieutenant Silver's work and attitude. While Lieutenant Silver worked for you, were there any specific negative incidents which caused you to question that assessment?'

'No.'

'At any time prior to 19 September, were you approached by any personnel who worked for Lieutenant Silver expressing concern over his leadership or the status of the equipment in Forward Engineering?'

'No.'

'Ma'am, would you expect a chief petty officer to execute a clearly illegal order if you gave him that order?'

'No, of course not.'

'Have you ever had an individual who worked for you die, Commander?'

Destin's face worked for a moment. 'Yes.'

'After you had carried out all of your immediate responsibilities, Commander, did you find a need to grieve? In private?'

'I…' Destin's voice seemed to choke off, then she swallowed and tried again. 'Yes.'

'Would you regard that need as a plausible explanation for Lieutenant Silver's inability to be found for a brief period on the evening of 19 September?'

'Yes. Yes, I would.'

'Commander Destin, authorization codes are supposed to be kept confidential. Are any ever disclosed either on purpose or by accident?'

Destin nodded quickly. 'Yes. Yes, they are. Everybody knows that.'

'Then one person could've had access to two authorization codes?'

'Objection.' Commander Carr pointed at Commander Jones. 'Counsel for the defense is introducing theoretical situations.'

'Your Honor, this is also a matter of fact.'

'It is not a matter of fact, Your Honor. No evidence has been provided that authorization codes were in fact compromised. If such evidence existed, I would be surprised by any attempt by counsel for the defense to introduce such evidence knowing it would serve to substantiate the charge of dereliction of duty.'

Judge Halstead shook his head, his eyes reflecting annoyance. 'These disputes over theoretical issues appear to be a habitual problem. I expect better of professional lawyers. Counsel for the defense, do you in fact have evidence authorization codes were compromised within Lieutenant Silver's division?'

'No, Your Honor. Not at this time.'

'Then the objection is sustained.'

Commander Jones looked back toward Commander Destin. 'No further questions.'

Halstead focused back on Commander Carr. 'Do you wish to redirect, counsel?'

'No, Your Honor.'

Halstead looked toward the members. 'Do the members of the court have any questions for the witness?'

Lieutenant Commander Susan Goldberg spoke up. 'I have a question. Commander Destin, you replied to a question about whether or not Chief Asher should be expected to obey an illegal order by saying no. What would you have expected Chief Asher to do, assuming he did receive such an order, ma'am? One requiring him to do something unsafe?'

Commander Destin remained silent for a moment. 'Report the matter.'

'He should jump the chain of command, ma'am? Bypass his division officer and go straight to you?'

'That's correct.'

'But you also testified you'd always take the word of an officer over that of an enlisted. If Chief Asher came to you and said one thing, and Lieutenant Silver said another, you'd believe Lieutenant Silver.'

Destin's expression started becoming hostile as she stared at Lieutenant Commander Goldberg. 'All other things being equal, yes.'

'I repeat, then, what would Chief Asher's alternatives have been, ma'am? Obey an illegal order, or report it to you and be branded a liar by Lieutenant Silver, knowing you would accept Lieutenant Silver's statement?'

Commander Destin looked around the court room as if seeking an answer. Lieutenant Commander Jones stood slowly. 'Your Honor, I wish to object to the member's question. She is asking the witness to speculate about her response to a theoretical situation.'

Judge Halstead tapped one finger on his desk as he thought about the objection. 'And here we are again. Lieutenant Commander Goldberg, do you require an answer to your last question from the witness?'