'Are you aware of the discovery that the engineering logs were deliberately damaged?'
'Yes, I am.'
'Are you aware that a major piece of equipment in Forward Engineering was found to be in urgent need of repair, and that Lieutenant Silver made every effort to acquire the necessary spare without informing either his department head or his commanding officer?'
'I have heard that.'
'Are you aware, sir, that Captain Hayes, Lieutenant Silver's commanding officer at the time of the accident on 19 September, believes Lieutenant Silver lied to him regarding his knowledge of events?'
'No.'
'Were you aware that a statement provided to the investigation by Petty Officer First Class Ivan Sharpe of the USS Michaelson never reached you?'
'Of course not!'
'Sir, which officer on the USS Michaelso n did you assign responsibility to for gathering and forwarding documents to you during your investigation?'
Captain Shen's jaw worked. 'Lieutenant Silver.'
A slight rustle of motion attracted Paul's attention to the member's table. The officers there were watching Captain Shen with surprise and making notes. Another direct hit on Lieutenant Silver, courtesy of Commander Alex Carr. So that's what happened to the Sheriff's statement. I wonder how many other stealth weapons Carr has tucked away inside her blouse?
Commander Carr continued her questioning of Captain Shen as if unaware of the members' reactions. 'Because Lieutenant Silver was the command duty officer on the night in question?'
'Yes.'
'Do you find it interesting, Captain Shen, how many pieces of evidence regarding the accident on the USS Michaelson and the death of Chief Asher appear to have gone missing while Lieutenant Silver was in positions to influence them?'
'Objection.' Commander Jones was doing his own imitation of a great cat whose territory was being challenged. 'Trial counsel's statement is an attempt to prejudice the members by placing words in the witnesses' mouth, as well as an attempt to establish in court evidentiary matters still in dispute.'
Commander Carr smiled at Jones. 'I withdraw the question, Your Honor.'
Judge Halstead eyed her narrowly. 'Next time, Counsel, ensure you don't ask such inappropriate questions in the first place. The members are instructed to disregard the last question from trial counsel.'
Carr looked momentarily contrite. 'Yes, Your Honor. Captain Shen, does any of the information we discussed in any way alter your assessment of Lieutenant Silver's actions the night of 19 September?'
Captain Shen stared back at Commander Carr, his expression as hard as granite. 'I would need to review all the information in its entirety. I do not make snap judgments based upon partial information.'
Commander Carr leaned forward as if ready to spring. 'Isn't that your job, sir, as commanding officer of a U.S. Navy warship? To make quick judgments based upon whatever information is available to you?'
Captain Shen's face clouded. 'Commander, I do not need lectures from a lawyer regarding my duties as a line officer!'
Instead of responding directly, Commander Carr addressed Judge Halstead even as she kept her eyes locked on Captain Shen. 'Your Honor, I ask that the court direct the witness to answer the question.'
Halstead nodded. 'It is so ordered. The witness will answer the question put to him.'
'Thank you, Your Honor. Do you need the question repeated, Captain Shen?'
' No, I do not. Commander Carr, I am fully capable of, and experienced in, making the necessary decisions based upon available information. This situation does not qualify for such snap judgment.'
'With all due respect, Captain Shen, that decision is for the court to make. I ask again, does any of the information found since your investigation was completed in any way alter your assessment of Lieutenant Silver's actions the night of 19 September?'
Captain Shen looked toward Judge Halstead, then Commander Jones, who grimaced but shook his head. He focused back upon Commander Carr. 'Yes.'
'Do you believe your assessment of Lieutenant Silver's actions the night of 19 September would differ if at that time you had available to you the evidence which has since been uncovered?'
'Yes.'
'I would like to ask you, sir, as a Navy officer of unquestioned experience, what you would do if you uncovered information which a formal investigation had not been able to discover.'
'It would depend upon the information.'
'Information such as has been introduced into this court. Information such as we just discussed, Captain Shen. What would you have done? What would you advise another officer to do?'
'Objection. Trial counsel is asking the witness to answer a question regarding a theoretical situation.'
Judge Halstead didn't wait for Commander Carr's reply. 'Overruled. This is a matter within the witnesses' area of professional expertise.'
Captain Shen's expression had shifted. Anger and contempt had been replaced by the intent expression of a combat officer sparring with a capable enemy. 'I would tell that officer to bring the information to the attention of proper authority.'
'His commanding officer, sir?'
'That's right, Commander Carr. His commanding officer.'
'And that commanding officer would make the final decisions as to what action to take regarding this information?'
'Right again. That's the captain's responsibility.'
'What would you think of an officer who failed to bring such information to the notice of his commanding officer?'
Captain Shen's eyes finally flicked toward Paul, resting upon him for a fraction of a second before moving back to Commander Carr. 'I would believe he had failed in his duty.'
'Thank you, Captain Shen. No more questions.'
Paul let out a breath he hadn't realized he was holding. Am I free? Did Carr squash Jones' attempt to make me an issue? She sure turned Captain Shen's testimony around.
Judge Halstead regarded Lieutenant Commander Jones. 'Does defense counsel wish to redirect?'
'Yes, Your Honor. Captain Shen, did you make every attempt to determine the cause of the accident on the USS Michaelson and the death of Chief Asher?'
'Of course I did.'
'Yet much of the information introduced into court was withheld from you, sir.'
'Apparently.'
'Captain Shen, suppose an officer had such information during your investigation, but did not reveal it until after your investigation was completed?'
'Objection! Counsel for the defense has introduced no evidence to substantiate innuendo that the evidence regarding the accident was available to anyone prior to the completion of Captain Shen's investigation.'
'Your Honor — '
Jones's reply was cut off by a glare from Judge Halstead. 'Does counsel for the defense plan to introduce evidence that this information was available to someone else during Captain Shen's investigation?'
'Your Honor, trial counsel has already asked the witness numerous questions regarding theoretical situations. This is simply one more such situation.'
Halstead looked unhappy, but finally nodded. 'Objection overruled. Continue.'
Commander Jones couldn't hide a quick look of triumph. 'Captain Shen, do I need to restate the question?'
'No. If someone deliberately withheld such information from my investigation, I would regard it as not only unprofessional but also as grounds for disciplinary action against that person.'
'And since we're dealing with theoretical cases, Captain Shen, is there any way of knowing whether such a person had uncovered that information after your investigation and promptly passed it on in a professional manner, or unprofessionally withheld it and only gave it to his commanding officer after the results of the
