"We are now going into jury selection," says AJ Chegwidden as he speaks with his client.
"How will they select the jury?" asks Petty Officer David Parker.
"The convening authority will select some people from the Navy's active duty list. You can insist that at least a third of the jurors be enlisted. The typical juror has at least a decade of service in the Navy."
"So basically they just pick names out of a fishbowl or somethin'?"
"We have the right to petition to remove people from serving in the court-martial," says the lawyer. "We have a limited number of peremptory challenges, in which we can unilaterally remove jurors without cause-and we can challenge any juror for cause such as close relationships with the defendant or witness."
"Will the Navy also get to remove jurors?"
"They will. Selection will take about one or two weeks, I think. It might take longer if we have hearings on whether or not a particular juror is qualified to serve on the panel."
"Well, you do what you gotta do," says Parker.
"I must ask you one thing. Is there anyone, anybody who should not serve in this trial no matter what?"
ooooooooo
1620 ZULU
A man in khakis walks into the room where Sturgis and Meg discuss the upcoming jury selection.
"Sir, ma'am," he says. "General Creswell assigned me to assist you in this case. I just finished working on a case with Commander Roberts."
"Have a seat, Captain," says Meg.
U.S. Marine Corps Captain Carlos Bullrider takes a seat. He had been assigned to JAG Headquarters since April of 2005. "Well, Commanders," says the Marine captain, "how about we get up to speed- with your permission of course?"
"You are certainly a go getter, Captain Bullrider," says Sturgis. "We have a list of every person the convening authority nominated to the court-martial."
"Who is the judge, sir?"
"Captain Allison Krennick," says Meg. "Navy. I served under her command for three years, up until about a month ago, when I came back here."
"Is she qualified, ma'am?"
"She is very qualified as a jurist," replies Meg. "I even sat second chair to her a couple of times."
Bullrider looks at the sheet listing the names of the court-martial nominees. "We can start by investigating each name, see if they served with the defendant or something. I'll get to it right away."
"Do it," commands Sturgis.
ooooooooo
DAY 27
1511 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
The second day of hearings into the selection for the members of the general court-martial is closed to the public. Commanders Sturgis Turner and Meg Austin are present, along with AJ Chegiwdden and a young lawyer from the firm that Chegwidden works for. One by one, themembers of the court-martial are interviewed, first by Captain Krennick, and then by lawyers for prosecution and defense.
"Juror is accepted," says Captain Krennick. "You may sit in the jury box."
Then the next nominee, a Navy captain dressed in his summer white uniform, steps onto the witness stand. He states his name and rank. The judge asks him a few questions.
"You were Petty Officer Parker's commanding officer. Is that correct?" asks Sturgis.
"Yes, Commander," replies the captain. "That was seven years ago; I was a lieutenant commander then. I did not work closely with him. His supervisor was a Chief Pollard. I think he's retired now."
"Can you make a judgment on this case based upon facts, with any regard to any prior relationship?" asks Meg.
"Like I said, I didn't work too closely with the petty officer. I was not the one who preferred charges- it was the Baltimore police that made the arrest, as I recall."
"Mr. Chegwidden," says the judge.
"Captain," says AJ, "according to these brig logs, you made several visits to the petty officer as he was awaiting trial."
"That's right," says the captain. "I was his CO. The welfare of my men is my responsibility, then and now. Like I said, I wasn't the one who accused him of murder."
"But you made four visits, one of them lasting over an hour."
"The petty officer needed my support. It wasn't my job to judge him."
"Your Honor," says Chegwidden, "I would like him to be removed from the panel. His prior conduct might have an adverse impact on his partiality."
"There is no evidence the captain is unfit to serve in this court-martial," says Sturgis. "Nor is there any indication that he is prejudiced against my client."
"Your request is denied, Mr. Chegwidden," says Krennick.
"Then I will use a peremptory challenge to remove him."
"So noted. You are excused, Captain."
"Captain," says the excused juror, addressing the judge. He walks out and leaves the courtroom.
The two prosecutors glance at the door where the Navy captain had exited, and then glance at AJ. They wonder why the defense atorney used a peremotory challenge to remove that particular juror.
oooooooooooo
DAY 29
1627 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
Captain Carlos Bullrider sits at the cafeteria in JAG Headquarters, typiong on the keyboard of his iBook.
"Carlos," says Lieutenant Gregory Vukovic, "what are you up to?"
"Gotta right a speech for an opening argument on Monday," replies Bullrider.
"You should eat healthier," says Vukovic, noting the Marine captain's lunch of Doritos and Coca-cola.
"I'll make up for missing nutrients at dinnertime."
"What kind of dinner?" asks the Navy lieutenant.
"Probably a country-fried steak or something. Can't afford a high-class meal on a captain's salary."
"You know," says Vukovic. "I've been reading about the case on the Internet. There are all these people saying that David parker's innocent."
"Anyone can say he's innocent, Greg."
"I've read articles from all these websites by experts. They explained all sorts of inconsistencies in the original investigation."
"I'm sure some of them will testify in court. If you'll excuse me."
"You're still in for tonight, right?"
"Sure, Greg," replies Bullrider. "But I'll be working on this speech for the rest of the weekend." The Marine captain then reads what he had typed so far.
oooooooooooo
DAY 32
1306 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
"Good morning,"says Sturgis, facing the panel of officers and enlistees who compose the general court-martial. "You have all been taken from your posts to participate in an important process in our judicial system, the system that our predecessors bled and died to protect. Petty Officer Third Class David Bruce Parker has been charged with six counts of murder, a serious offense in any civilized society. During the course of this trial, we will provide evidence that David Bruce Parker entered a nighclub in Baltimore on October 31, 1997. He opened fire with a submachinegun, killing six people. You will hear testimony from the detectives at the scene. You will hear testimony that he was involved in smuggling drugs into the Baltimore area, and that the victims were chosen because they were competitors to those Petty Officer Parker had been doing business with. When all is said and done, it will be your sworn duty to find Petty Officer Parker guilty of all six charges and specifications."
Sturgis glances at Parker and AJ, and then sits down next to Meg. The court stenographer finishes typing.
Then AJ Chegwidden, retired JAG and defense attorney for Petty Officer Parker, stands up to deliver his opening argument.
"I too am appaled at the murders that took place in Baltimore nearly eight years ago," says the lawyer. "The investigation was nearly as appalling. From tje beginning the Battimore police concluded that Petty Officer Parker was guilty, and their investigation was designed to reach that pre-determined conclusion. You will hear evidence of how they ignored leads implicating others. You will hear evidence about missed clues, witnesses that were never interviewed again. And you will hear how an FBI fingerprint analyst lied over and over again about the fingerprints found on the murder weapon. You will find that the case against Petty Officer Parker is insufficient, and it will be your duty to find him not guilty on all charges and specifications."
AJ then sits down.
"Court is adjourned until 0900 tomorrow morning," says Captain Krennick, banging her gavel.
A master-at-arms leads the defendant away from the courtroom.
"See you tomorrow," Meg says to AJ. "I did notice one thing. Carey Mills is not on your witness list. Was she lying?"
"I do not think she was credible, Meg," replies Chegwidden.
"So you're putting the police on trial?" asks Sturgis.
"They accused him; their credibility is at the core of your case, Sturgis," says AJ. "I don't need credible alibi witnesses; you need credible accusers."
"Are you going back to your office?" asks Meg.
"I think I'll say hi to Bud before I go." AJ then leaves the courtroom.
