Connally had kept her eyes on David Sinclair. 'In answer to Defense Counsel's question, no, I did not personally observe Lieutenant Pullman seated at the terminal on 20 August.'
'Or on any other occasion?'
'Nor on any other occasion.'
'Then how can you know whether or not Lieutenant Pullman was the one who downloaded the information that day?'
Carr stood again. 'Objection, Your Honor. Defense Counsel is questioning the witness on a point not covered in her testimony. The witness did not testify as to whether or not Lieutenant Pullman downloaded the information. Her testimony was that a download occurred and that Lieutenant Pullman was subsequently found off the USS Michaelson while in possession of data coins containing information her compatriot identified as containing improperly downloaded material.'
David Sinclair pursed his lips, but before he could speak, Judge Campbell intervened. 'I agree, Trial Counsel. Objection sustained. Defense Counsel is reminded to cross-examine the witness only on matters she has testified about.'
'Your Honor,' David Sinclair protested, 'the witness' testimony clearly implied that Lieutenant Pullman had carried out the download.'
'Be that as it may, she did not explicitly state that as fact. If and when Trial Counsel makes that assertion of fact, you may address it. Let's move on, Defense Counsel.'
'Yes, Your Honor. I have no further questions.'
'Redirect, Trial Counsel?'
'Just on one point, Your Honor.' Commander Carr stood, but remained at her table as she addressed the witness. 'Special Agent Connally, were you certain that you had positively identified the terminal routinely used by Lieutenant Pullman before you placed the tap?'
'Yes. Without a doubt.'
'After Lieutenant Pullman's arrest, when the tap was removed, was the terminal positively confirmed to be that routinely used by Lieutenant Pullman?'
'Yes.'
'Have you been given any reason whatsoever at any time to doubt that identification?'
'No.'
'Thank you. No more questions.'
Captain Nguyen twisted her mouth in thought. 'Special Agent Connally, I know terminals on warships are sometimes shared. How certain could you be that Lieutenant Pullman would be the one using that particular terminal?'
Connally didn't even look toward Paul, instead facing the members' table. 'Captain, I was told Lieutenant Pullman used that terminal.'
'By whom.'
She didn't appear to hesitate. 'One of Lieutenant Pullman's roommates.'
'How many does he have? I'm sorry, how many did he have?'
'Three.'
'And there are four terminals in that stateroom?'
'Yes.'
Captain Nguyen nodded and sat back, her brow creased in thought.
Commander Sriracha raised a forefinger for attention. 'Special Agent Connally, reading between the lines here it seems you had assistance on the USS Michaelson in planting this tap. Was the commanding officer of the ship apprised that NCIS was taking this action?'
'Yes, he was.'
'And he had no objection to this plan or to the placing of the tap?'
Before Connally could reply, Commander Carr stood up, speaking with a tinge of apology in her voice. 'Commander Sriracha, Captain Hayes, the commanding officer of the Michaelson, will be testifying later in the proceeding.'
'Good,' Sriracha approved. 'I'd much rather hear it directly from him.'
Lieutenant Kilgary spoke next. 'Special Agent Connally, I'm frankly surprised that you were apparently able to covertly board the Michaelson and place that tap without being noticed by anyone in the crew.'
'There was some deception involved,' Connally stated. 'The crew wasn't aware that I was a special agent or in any way connected to NCIS when I was onboard to place the tap.'
Paul once again tried not show any reaction, but he found himself hoping Connally wouldn't veer so far toward implying things that weren't quite so that she'd end up committing perjury. Sure, the crew hadn't known about her status. But Paul had.
Kilgary looked impressed. 'I wish I could ask how you managed that, but I have a feeling you won't want to answer in an open forum like this.'
'No. I wouldn't want to go into details on how we conduct operations.'
Captain Nguyen checked to see if there were any more questions. 'That's all. Thank you, Special Agent Connally.'
Carr was speaking again before Connally left the room. 'The United States calls as its next witness Special Agent Robert Gonzalez.'
Gonzalez went over much the same information as Connally had provided, except that he testified as to the contents of the data coins. 'I only scanned the contents of the first coin briefly, enough to ensure it contained material classified Top Secret. The second coin contained a sophisticated and illegal software program designed to allow the download of classified material despite safeguards.'
Commander Carr gave Gonzalez a demanding look. 'So Lieutenant Pullman had in his possession not only a data coin containing classified material downloaded from the systems on the USS Michaelson, but also a data coin containing the software which would allow an individual to successfully carry out such a download?'
'That is correct.'
'Did Lieutenant Pullman attempt to offer any explanation to you for the presence of those coins on his person when you discovered them?'
'No, he did not.'
Commander Carr once again held up her data pad. 'Trial counsel wishes to enter into evidence a listing of the classified material found on one of the coins in Lieutenant Pullman's possession and a description of the software found on the other data coin in Lieutenant Pullman's possession.'
Judge Campbell nodded. 'The court orders those items to be entered into evidence.'
'No further questions.'
David Sinclair approached the witness stand with an openly skeptical look on his face. 'Special Agent Gonzalez, you testified that you found two data coins on Lieutenant Pullman. Did either of those coins bear any markings indicating they possessions of Lieutenant Pullman?'
Gonzalez pursed his lips and shook his head. 'No. Neither coin had any markings on it.'
'Did either coin have Lieutenant Pullman's finger prints on it?'
Another head shake. 'No. Both coins had been wiped clean.'
'Then you have no evidence that those coins actually belonged to Lieutenant Pullman?'
'He had them concealed on himself.'
'Is it possible that someone else could have concealed those coins in Lieutenant Pullman's clothing?'
'Objection.' Commander Carr shook her head at David Sinclair. 'Defense Counsel is speculating and asking the witness to speculate regarding matters not introduced into evidence.'
'Your Honor,' David Sinclair protested, 'it is perfectly reasonable to point out alternative explanations for the presence of the coins on Lieutenant Pullman.'
'Your Honor,' Carr replied quickly. 'Defense Counsel has introduced no evidence to substantiate the argument that those coins were placed upon Lieutenant Pullman by some third party.'
Judge Campbell blew out an plainly exasperated breath, holding up her palm to forestall David Sinclair's next statement. 'If Defense Counsel wants to argue that someone other than Lieutenant Pullman placed the coins upon his person, then Defense Counsel must introduce some evidence to that effect. Do you have such evidence?'
