The Court Martial – Chapter 8
Convinced. Alan knew if these androids were equipped to shoot daggers with a look that could kill, his chest would be embedded with spikes. Schwartz's continuous malevolent glances from his place on the witness stand certainly made him question his previous assumption that the artificial intelligence of the robots precluded the experience of emotions.
"Do you have any emotions?" Virdon had barked at him once. "You and all these other synthetics. Do you feel anything? Do you!"
"Yes, Sir!" Schwartz had snapped back to attention. "I understand duty, sir. I understand honor. I feel dedication to my country and loyalty to my fellow airmen. I don't need anything else." He paused, but when Virdon didn't respond, he had added, "And neither should you, Colonel."
"And neither should you, Colonel."
Alan had no misconception that Schwartz had embraced every word of that sentiment and expected the same from him. His family, his lost life, his friends were nothing but shaft that needed to be filtered away to commit himself to this place, this base.
Further, Alan had to remind himself that the electronically maintained files that made up Chief Master Sergeant Schwartz had been reconfigured and downloaded into this new biomimetic synthetic framework, complete with black beret that he fisted in his lap, within the few hours. He had to be briefed on the events that had transpired over a month ago after Eliana had blasted his skull apart with a well-aimed needler rifle shot—events that in the chief's estimation included Lieutenant Colonel Virdon renouncing his duty, his honor, dedication to country, and loyalty to the airmen of Kirtland Air Force Base the moment he handed his pistol to Major Burke. For Schwartz, Virdon's betrayal was fresh. And the penetrating, albeit brief, looks he reserved for him made his feelings quite clear.
Virdon moved to stand in front of the witness stand, falling naturally into parade rest with his hands locked behind him. That Schwartz would be a classic hostile witness made Alan's every word, every nuance a calculated act. His preliminary questions and court acknowledgements concluded; he began his planned defense.
"Chief Schwartz, as the Temporary Commanding Officer of Kirtland Air Force Base at the time of my arrival, what was the basis of your determination to transfer command to me?"
"Once your identity was verified, protocol dictated that command must pass to the senior ranking commissioned officer. As an active-duty lieutenant colonel, it was your duty to assume command."
"As the C.O. making the transfer, was it your responsibility to ensure that all vital and necessary information was relayed to the receiving officer, thereby assuring an orderly transfer of authority?"
"Yes, s—. Yes," Schwartz bit off the sir that was ingrained in his vernacular. He wanted it clear that the colonel had given up that respect as confirmed by his temporary suspension of duty.
"Following the incident which brought Major Burke and Zeke, the Alban citizen, into base custody, you explained the nature of the base complement. What did you tell me?"
"Standard base protocol dictates that all enlisted personnel are synthetics, commissioned officers are organics. Our function is to preserve the lives of the organics. The hazards of the Pile don't affect us."
"Did you advise me of the nature of the base complement at the time I was given command of the base?"
"No."
"Do you recall your rationale for omitting that information during our initial briefing?"
"Common knowledge. I didn't think it was necessary. You were provided with a commcon. All the information you required was immediately accessible."
Virdon allowed him a moment to display his smug expression. Knowing the support of every android in the room would be slanted toward the, until very recently, centuries-long commanding officer of this base, he had no intentions of turning this into an attack regarding the Chief's decisions. He hid his own satisfaction that Schwartz had opened the door for his next series of questions although he had a few details he needed on the record first.
"How long have you served in the USAF, Chief?"
"I took my oath of service on April 19, 2592."
"That's…492 years of service," Alan quickly calculated. "Commendable. And when were you were assigned to Kirtland?"
"In 2599."
"When did you achieve your current rank of Chief Master Sergeant?"
"2609."
"Many lifetimes of leadership from my perspective. As a commander, I know that my experiences influence my opinions and perceptions, and therefore my decisions. You have strong opinions regarding the species created through genetic engineering. Were your opinions a factor in your orders as you engaged with the Alban contingent?" Alan restrained himself from looking toward the bench as he set up his next series of questions. It was doubtful any of the twelve would have revealed their thoughts anyway.
"The hybrids, uplifted species and reckless humans who created them became our enemies. They initiated the Eugenics War that led to the nuclear devastation that overwhelmed our country. The world. Yes, I have strong opinions about them. And I would have failed in my duty had I not considered the real threat they represented to our mission." Schwartz's tone grew as flinty as his eyes. Alan suspected the beret in his fist would have shattered if it were not fabric.
"For the court record, what are your standing orders, Chief?"
"Our primary duty is to protect the Pile. Keep it safe for the restoration of the rightful government of the United States."
"And when did you receive those orders, Chief?"
"In 2613."
"I may be the only person in the room who doesn't know the answer, so tell me for the hearing record, what were the circumstances of that order?"
Schwartz shifted in his seat. He straightened the beret across his lap and placed a hand on each knee. He made and held full eye contact with Virdon for the first time since he had entered the room. Alan had a suspicion that the android wanted to make sure he understood the need for the colonel's commitment to this operation.
"DC and the northeast metropolises were targets of the first nuke strikes in 2612. Intelligence saw it coming and had moved the president along with The Pentagon brass underground a good six months before. On-going communication was maintained although it became irregular as the war spread across the country, the globe. The command structure remained intact despite the enemy assault on multiple municipalities throughout the country. Our forces were able to pinpoint the launch locations and reciprocated in a heavily fought and generally successful ground and sea war. This forced the enemy to alter tactics to guerrilla style attacks including infiltration of bases where weapons grade nuclear material was stolen for use to continue the devastation they started. Our forces implemented quickly moving mobile strike forces turning it into an air and armament war rather than one involving ground troops.
"We were pulled from the field to guard these locations against enemy incursions and await further orders regarding field assignments when engagement was required. The current complement of enlisted soldiers at Kirtland were assigned when that decision was initially made. The base secretly accepted a large amount of weapons-grade material meaning the airmen assigned were not considered for alternate duty. Albuquerque took a small nuclear hit east of the city in early 2613. Dirty bombs had become the norm at this stage. Not powerful enough to take out the base. Radiation fallout was extensive, however, and the organic officers ultimately took heavy casualties. General Patterson received a communication in May 2613. He gathered us all to receive those orders. He succumbed to his illness three days later. We have experienced radio silence since that time."
"Was General Patterson the last? The last commissioned officer who served here?"
"You were the last, Lieutenant Colonel Virdon, before your desertion, or I should say departure pending the determination of your guilt," Schwartz made no attempt to mask the vitriol in his words.
Virdon kept his own voice level avoiding the baiting. "Was General Patterson the last commissioned officer assigned to Kirtland prior to my arrival?"
"Yes."
"You served as the temporary C.O. for… ah, 473 years. That's quite a long time for a temporary post."
"It was my duty," Schwartz pulled more erect in his seat. Virdon turned and walked back toward the defense table as he heard Burke's words echo in his head.
"Just like that? You show up and they just hand over the keys to the city?"
"Yeah. Just like that. These silver clusters," he had tugged at the insignia on his collar, "aren't just for decoration, you know."
"This is nuts, Al—"
"Given the independence under which you operated for—centuries," Virdon paused at the significance of that statement in his own mind, suddenly unsure if the concept of time held the same relevance for these androids, "and with your years of experience, what gave you the confidence to transfer command to me? Other than a name in your database and my statement as to my identity, you had no information regarding my competence or capability to assume command."
"There was a photograph," Schwartz's snide remark accompanied a cut of his eyes to Virdon before returning front. "You were the ranking officer. It was your responsibility to assume command and mine to assist you as my superior officer."
"Chief, typically one would receive orders of reassignment for such a post. What was the reason you interpreted my sudden presence here as consistent with your orders?"
"Commissioned officers had their own standing orders issued in 2610. 'Unless formally communicated by the Commander-in-Chief and/or the Supreme Allied Commander assigned as a result of the Eugenics War, all officers of the United States Air Force will serve in the capacity required to ensure the successful execution of the war effort in support of the United States of America,'" the chief recited the words. "That order superseded all previous orders and did not require official notification to be in effect. I knew that you were under those orders to assume command and it was my duty to ensure that the transition took place. It was—and is—your duty to fulfill that responsibility."
Virdon returned to parade rest at an angle to the defense table facing the witness where he could side-eye the bench and keep an eye on Schwartz. "Chief, access my service record and read it back to me."
The pale eyes of the android considered Virdon for a moment before clicking away. Within seconds, he spoke as if reciting, "Lieutenant Colonel Alan Virdon. Assignment NASA. Last mission: Command of The Hyperion, the first active craft equipped with the FTL drive intended to travel beyond the speed of light with orders to explore Centauri Prime located in the Alpha Centauri system. Status: MIA, declared dead in 1980. Prior missions: Titan base…."
"That's enough, Chief," Virdon interrupted, holding up his hand. "Your testimony, and I suspect the Trial Counsel would agree…."
"Objection – speculation." Kelley did not bother to rise.
"Would the bench allow me to finish the question before making a ruling?" Alan took a step toward the body of twelve. Williams waved his hand to proceed. "Based on your testimony, Chief, did you assume that I was under orders to accept command of the base due to the 2610 standing orders?"
"Objection overruled," Williams remarked. "You may answer the question."
"Yes, those were your orders," Schwartz glanced toward Virdon, his expression clear that the colonel should have wanted to accept the responsibility for the base.
"Would you repeat the status of Lieutenant Colonel Alan Virdon?"
"MIA. Declared dead in 1980."
"Does an officer, or any serviceman, remain on active duty once declared dead?"
"No."
"Is there a statement in the 2610 orders for commissioned officers making them retroactive."
"No."
"Would those referenced orders apply to an officer who was declared dead 630 years before they were issued."
"You obviously aren't dead," the Chief snarled.
"Let me reword. In your 492 years of service, has any service personnel been expected to comply with an order after the declaration of their death?"
"No. But they all stayed dead," the android argued.
"Unlike you," Virdon turned his back on Schwartz, trial counsel and the bench moving ostensibly to study his written notes while he pulled his thoughts together. He glanced briefly at his unnamed guards stationed in front of the door at the back of the room. They gave no hint as to their thoughts on the proceedings. Oddly, their absence of opinion pushed Alan's decision to risk his next series of questions. "How many times have you been injured in the line of duty, Chief?"
"Objection," Kelley shook his head, pulling forward in his seat. "Relevance."
"Defense asks for a few questions to establish background experiences of the witness which will make relevance more clear." Alan assumed parade rest once more as he moved his eyes along the entire bench.
"You may proceed, Colonel; however, this body expects a quick resolution to this line of questioning," Chief Williams sat unmoving in his seat. A few heads lining the bench turned his way then back to Virdon.
"Six," Schwartz did not wait for a repeat of the question.
"I am aware of two of those incidents, both experienced following my arrival here. Did any others occur since you have been the temporary C.O. of this base, following the death of General Patterson?"
"No."
"Of the injuries incurred since my arrival, the first incident seemed to be negligible in its effect on your ability to function while the second incident that I witnessed destroyed your exterior system making you inoperable for a period of time. What would have certainly been a death sentence to an organic airman. Discounting the damage due to engagements, how often would you say that a replacement of your body systems is required?"
"Approximately every 50 years."
"Are any of your memories or experiences lost when such a transfer takes place, from one external system to a new one?"
"When data is downloaded to the mainframes, with routine updates of operating systems, negligible loss of data is noted."
"Unexpected damage that impacts your operating systems, such as the head wound you experienced, can cause a loss of recent data?"
"Yes. Only the most recent download would be recoverable if the internal data system is damaged or destroyed."
"And yours was, in fact, destroyed?"
"Damaged with data loss," Schwartz corrected.
"When was your most recent download prior to the severe damage you incurred?"
"As required, I did a download following the transition of command and again following the initial damage inflicted by Major Burke during his arrest."
"Do you have any personal recollection of the events that followed that last download? Specifically, the events related to interrogating Major Burke and Zeke?"
"No."
"Relevance?" an exasperated voice sounded from the Trial Counsel table.
"Colonel," Williams warned with the tone of his voice.
Virdon continued without pause. "How would you rate the quality of your recall of your 473 years of command here at Kirtland?"
"Excellent."
"I would assume your ability to access centuries of stored data with near 100% accuracy would be superior to my fallible memory as an organic during my decade of command."
"Not for me to say."
"With those centuries of experience as a commanding officer and near total recall of those experiences, did you feel the need to provide assurances that the new organic officer could fulfill the duties that you had successfully mastered?"
"It is not my place to question the assignment of or orders from a superior officer."
"That was not the question, Chief. Given your many, many years of experience, did you take any measures that you felt would improve my ability to take command away from you, improve my functioning as commander over a base you knew intimately?"
"In addition to the standard briefing, you were given a commcon device to assist you."
"The commcon. Let's discuss that," Virdon stepped back in front of the witness stand. "The communications controller. Please state the initial information that was provided to me regarding that device."
Schwartz eyes narrowed briefly before he clicked away then returned to state, "The commcon will form a molecular bond with your skin that will then be keyed to your DNA. No one will be able to remove it but you. But when it's removed, the components will fuse, rendering it useless to prevent it from falling into enemy hands."
"What was my physical reaction after you adhered the device to my right forearm?"
"You had a loss of balance. I provided you with temporary support."
"And you then advised me that a neural connection was established that might cause adjustment difficulties. After the device was in place."
"Yes."
"And that this device is to be used by commissioned officers only. Organics?"
"Yes."
"Chief, were you aware that the neural connection of the commcon included an infusion of chemicals including adrenalin, related neurotransmitters, hormones and neurochemicals designed to increase norepinephrine levels, neuroglobin and myoglobin production, and similar biochemical influences drastically altering the body and brain chemistry of the person exposed?"
Schwartz leaned back in the seat glancing at the twelve judges on the bench and then over Virdon's shoulder at Sergeant Kelley. Alan had to assume that he received a signal to answer when he straightened in the seat and replied, "Yes."
"At any time, did you advise me of the physiological and psychological impact to be expected as the device was intended to alter these functions within my body?"
"No."
"At any time, were you concerned that the unexplained influences I was experiencing in my body and mind might have a detrimental effect on my ability to make sound and reasonable decisions regarding base operations and specific responses to the on-going interactions with my junior officer, Major Burke, my civilian companion, Galen, and the rest of the Alban contingent?"
"You were adapting to the alterations as expected. I remained available to ensure that you were given the data needed to provide necessary orders."
"You were there to do my thinking for me?"
"Objection! Badgering the witness," Kelley sounded from behind him.
"Question withdrawn," Virdon kept his eyes focused on Schwartz. The chief's hand resumed his grip on the beret.
"Chief, were you aware that I sought medical intervention during the time you engaged in the interrogation of Major Burke and Zeke?"
"Not in my database. Must have been lost when the enemy…I mean, intruders… gunned me down," the android curled his lip as he spoke.
Virdon turned sideways to look at Sergeant Kelley. "With Trial Counsel's permission, I will submit into evidence from the base record that I did seek treatment from Sergeant Blake in the Medical Center due to headaches, dizziness, nausea which I later determined was caused by the infusion of chemicals introduced by the commcon devise. Or we can call the Sergeant to testify under oath."
"Trial Counsel accepts the record."
"Lieutenant Colonel Virdon's medical record is entered into the hearing record," Chief Williams announced.
Virdon returned his attention to the witness. "State the Air Force's expectation when an officer questions their ability to fulfill their orders due to suspected incapacity."
"The officer is required to advise their superior officer of any condition which might impact their ability to fulfill their orders." Schwartz quickly side eyed Virdon.
"And if the officer is the ranking officer?"
"Duty passes to the most senior officer available."
Kelley stood, leaning his fists on the table. "Does the defense counsel suspect that we need a lesson in military protocols?"
"No," Alan spun to face him before Williams could intervene. "I suspect that you need a reminder that the protocols were followed. Once I arrived at Kirtland, who was the next ranking officer on the base, Chief Scwartz?" Virdon crossed his arms as he stared at the Trial Counsel daring him to speak again.
"Objection!" Kelley obliged.
"Overruled. The question is allowed," Williams pulled forward but laid his hand over the gavel. "With a warning, Colonel. You need to establish the point of this line of questioning."
"The point should be clear momentarily, Chief," Alan spun back to the witness stand.
"Upon our arrival at the base, who was the next ranking officer?"
"Technically Major Burke but he was compromised by the abominations," Schwartz insisted.
Virdon paused for a beat before speaking to the bench but keeping his unbroken stare on the witness. "The defense asks that the opinions of Chief Schwartz regarding the motivations of Major Burke and the use of derogatory terms regarding the hybrid species be stricken from the record. The major's state of mind has neither been presented in testimony nor proven. The defense will accept the use of 'hybrid' as an acceptable substitute for future references that the witness wishes to make regarding the genetically altered species."
"Sustained," Williams released the gavel and leaned back in his chair.
"Chief Schwartz let's try again without the commentary. I was determined to be the superior officer on the base when I arrived with the Alban contingent. Who was the next ranking officer on the base?"
Schwartz answered through grit teeth. "Major Peter Burke."
"As I had accepted the honor of serving as commanding officer of the base, at least temporarily, if I made a decision regarding the necessity to remove myself from duty, who would have assumed that responsibility?"
"It should have returned to me," the android kept his green eyes front, focused on something at the back of the room.
"I would respectfully disagree based on basic command protocols and SOP; however, I will remind you that you were incapacitated. I ask again, following all military code as practiced by an officer of the United Stated States Air Force, when it became clear to me that I was not in control of my facilities, and given the presence of available service personnel on the base, who was the next ranking officer to whom I was required to pass command?"
"Major Burke," he hissed.
Virdon heard an uncomfortable shuffle in the chairs next to him.
"Chief, I will play you a video recorded by Airman Mauser which was lost from your data banks," Alan returned to the black box, keyed an instruction and the images projected in the air space between him and Schwartz.
"Hey!" Burke called out from his secured position on the metal chair as Schwartz paused arranging the items on the cart. The view moved between Zeke and Burke as the major spoke, "I don't know what Virdon told you that he thinks we know, but he's wrong. There is no secret agenda, no plot to steal whatever the hell you have hidden here."
"Then why did you come here, Major?" Schwartz asked quietly after a long pause.
"To chase Virdon's pipedream of going home," he answered bitterly. "We were hoping for a ship, or at least information about where we could find one. Unless you happen to have a time machine laying around that we could borrow."
"That may be why you came here, Major, but I am less confident of the motives of that creature and his people," Schwartz jerked his head toward Zeke.
"Pause," Alan stepped through the frozen image to move in front of the witness. "Chief, your response indicates that you believed Major Burke was giving an honest reply. Did you accept his answer as truthful?"
"His answer wasn't the issue. It was the motivations of the abom…hybrids that needed to be determined."
"Humor me and answer my question."
"I had no reason to question his response."
"How did you arrive at your opinion that Major Burke was—compromised was the word you used?"
"He shot me," Schwartz's voice made no attempt to disguise his disdain. "I did not think the interests of the Air Force remained his priority."
"Yet you accepted his response as valid," Virdon stated and continued without allowing an additional response. "As the files were lost to you, I will play Airman's Mauser's recordings of the interrogation that the two of you conducted." He repeated the films played for Mauser. "You stated that you believed Zeke was "pretending" he knew nothing of The Pile. Based on these films, as you no longer have the information otherwise available to you, what indicators were you using to make that observation?"
"Based on the wings sticking out of its back."
"Wings? Your assessment of his truthfulness was based solely on his species?"
"We are at war with its species. Any of their actions must be viewed in that context."
"So, the only answer you would accept was that they entered the base with an intention to take The Pile whether that was factual or not?"
"Their intentions when they entered the base are of less concern than their actions once they gathered the information they needed regarding the Pile. I know my duty and we will fight to the last man to fulfill that duty." Virdon heard every android in the room shift into full attentiveness as a chill washed over him. These service androids were locked in a world that no longer existed; a world that had succumbed to the folly of a war no one could win yet willing to sacrifice everything to continue a fight that had ended in the devastating fall of mankind centuries ago. He blinked slowly allowing his lids to remain closed for a moment.
Pete's voice echoed in his head. "When are you going to give up that pipe dream?"
"When I see my family," Virdon felt his lips form the words. His chest squeezed; his legs struggled to keep him upright as grief tore through the paper-thin mantle of hope he wrapped himself in. The sudden realization that Pete, the person he considered his best friend, and after his wife and son, one of the most important people in the world to him, may have fallen victim to the broken remains of that insane war gutted him. Alan swallowed, took a deep breath, and uttered to himself, "We need to conclude this. I need to get to Alba. To Burke. I will not allow this madness to claim another life."
His eyes popped open. He spun back to the defense table where Mauser had returned, standing just to the side of his former chair. "Are you all right, Colonel? You can ask for a recess." Virdon was touched that he seemed genuinely concerned.
"Thank-you Airman. I am about done," Alan spoke softly before keying up the video clip he wanted and turned to facing the court. "Chief, this was taken from the base security feed." The image began.
An airman carried Major Burke tossed casually over his shoulder, his head dangling along his back. He walked down the hall at a steady clip turning into an open door. The view continued into the base medical facility where Burke was laid out on the exam table, a bleeding cut on his right cheek. Sergeant Blake placed a microinjector against Burke's neck before completing any examination of his condition. The airman pulled Burke's right arm away from his body. Yanking up his sleeve, Blake made several attempts to attach a commcon device, but it would not adhere to his skin. Burke uttered undecipherable sounds in protest which were ignored except for a tightening grip on his arm. Blake shook his head in frustration.
"He keeps rejecting the neural connections."
"It worked on the Colonel," the other airman pointed out.
"This one has something in his blood," Blake noted as he looked at the commcon device screen.
"He's tainted by his association with the abomination."
Blake did a perfunctory check lifting Burke's eye lids and flicking a light to test his pupillary response, listened to his heart and breath sounds, then cleaned the wound on his face. He drew a blood sample as he spoke.
"No immediate sign of concussion from the blow but I can look at him again, if needed. Take him. Since we can't get access through the commcon connection, Chief Schwartz will want to ask him some questions. See how much they know. Maybe I can figure out a way to counteract what is blocking the neural connection and we can try to attach the commcon again later."
The airman nodded, jerked Burke into a seated position, then threw him over his shoulder, his arm hooked around Burke's legs, and walked out of the room.
The image cleared the room. Virdon returned to stand before the witness.
"Chief, did you instruct your men to place a commcon device on Major Burke?"
Schwartz stared at Virdon for a moment as if he wondered if this was a trick question. "Yes," he finally answered.
"What was the rationale for that order?"
"As I informed you, all commissioned officers are provided with a commcon device."
"You also informed me that Major Burke was considered compromised."
"Yes," the chief growled, waving toward the empty space where the video had played. "As confirmed by the rejection of the devise because of that contamination."
"Yet you gave the order to affix a commcon device after Major Burke shot you. After you claimed he was influenced by Zeke. A device that would give him unlimited access to base operations, data, maybe even the codes to the Pile."
"Those codes are under multi-layered protections," Schwartz snapped angrily.
"As well they should be," Virdon barked back, "but you ordered a man who you considered a potential threat to be equipped with complete working knowledge of this base. Why?"
"He is an active-duty officer of the United States Air Force! It is his duty to serve his country! This operation!"
"And because you could control him once the device and its neural connections were in place!?" Just as you planned to control me?!"
"To make you better officers! Stronger! Faster! Smarter! To allow you to fulfill your duty as intended!" Schwartz jumped from his chair and stood nose-to-nose with Virdon.
"And a lot less organic and far more biomimetic!"
"We are at war Colonel! Hard decisions have to be made!"
The gavel pounding and Chief William's bellowing, "Order! Order!" reached Virdon first. "Stand down Chief Schwartz," the colonel directed curtly. "As your superior officer, that is an order!"
The quiet that descended in the room had an ominous feel. Only Alan's heavy breaths marred the silence. He steeled himself to remain firm, his eyes locked with Schwartz, the dizzying fear of what he would do if the android refused to obey spinning uncontrolled through his head. The chief finally took a half step back and lowered himself to the chair.
"I have one more series of questions for you," Virdon resumed his prior tone. "When were the commcon devices configured to alter human physiology?"
"Late in 2612. Due to high attrition rates of organics following the onset of nuclear attacks, fewer commissioned officers were available and able to serve."
"But ultimately, an organic officer is required to give instruction to the biomimetic synthetic personnel. And certain orders can be delivered only by an organic officer. Is that correct?"
"Yes. It is an integral part of our programming."
"And if an android attempted to alter that programming? Rewrite the code to elevate their authority?"
Schwartz stared hard at Virdon before responding, "Failsafe codes would prevent that from happening."
"Who altered the commcon functions Chief? Who turned them from a communication tool to a neurological control device?"
"An organic officer gave the order," Schwartz clamped his jaw as he hissed an answer.
"Who altered the commcon functions?" Virdon demanded.
"'Take whatever steps are necessary'," the chief continued.
"Who?" the colonel asked more loudly, taking a step forward.
"'We cannot fail in our mission'," Schwartz quoted.
"WHO MADE IT A CONTROL DEVICE?"
"I DID! Following my orders. With the assistance of my men, the device was altered to improve the functioning of the organic officers."
"The quality of functioning would be a matter of very divergent opinion," Virdon snorted as he spun and did a crisp walk back to his seat. "No more questions," he waved his hand toward Kelley.
Trial Counsel Kelley remained seated as Alan dropped, exhausted, into his chair. Kelley tapped absently against the table with one fore finger then pushed himself up, the legs of the chair squealing as it moved backwards. "Chief Schwartz, it has been made clear in testimony that Major Burke shot you, a ranked airman in uniform. Did Colonel Virdon know, or should he have known, that Burke's attack on a recognized member of the USAF placed his loyalty in question?"
"He was…distressed…by the major's actions. That he turned his back on him in favor of the abom…hybrids."
"Objection," Alan attempted to make the statement with more energy, but the extended encounter was taking a toll. "The witness has no basis to decide what the colonel was thinking."
"Sustained," Williams agreed.
"How would you describe Colonel Virdon's state after the incident when Major Burke and the hybrid were brought into custody and the major inflicted a gunshot injury to your chest? A shoot to kill injury since, to the best of our knowledge, the major was unaware of your make-up," Kelley reworded the question with a pacifying grin toward the defense table. Alan leaned back in his chair, dropping the side of his head into his palm.
"He appeared to be both angry and distressed. Enough so that he agreed to the interrogation and instructed me as he turned them over to me, and I quote, 'They're all yours, Chief. Do what you need to do,'" Schwartz responded.
"Colonel Virdon entered the base with the hybrids. If he was aware of the purpose of the incursion, what purpose would an interrogation serve?"
"The colonel acknowledged that the hybrids may have withheld information from him regarding their intentions. He provided the insight that the hybrid, Zeke, was the offspring of government officials in the hybrid city and could have entered with plans of their own, plans hidden from him. When the first attempt at interrogation failed to obtain meaningful results from the hybrid, he had agreed to increase the intensity of the interrogation and take over the questioning himself."
"Based on those interactions, would you say that the colonel had concerns that the hybrids might represent a threat to the base and base personnel?"
"He saw the need to investigate the possibility that such a threat existed."
"No further questions for this witness."
"Chief Schwartz, you may step down," Williams instructed. The chief bolted out of the chair, placed his beret on his head, and quick-stepped to the back of the room where he took a position against the wall, his arms crossed.
Virdon glanced around the room, nodded to himself then left his table and moved to stand before the bench. "Chief Williams, at this time I request that Airman Mauser be re-assigned as my defense counsel." The airman, who had sat several rows behind Virdon straightened in his seat.
"We do not need to add delays to this process," Chief Williams warned.
"Agreed. Which is why defense is prepared to move forward immediately."
"Colonel, this is highly irregular."
"From my perspective, everything about these proceedings is irregular Chief."
"Defense request granted."
Mauser scrambled to retake his position at the table. Virdon waved toward the note pad in front of Mauser's seat as he moved toward the chair recently vacated by Schwartz. "Mauser, call me to the stand," he instructed.
"Defense calls Lieutenant Colonel Alan Virdon to the stand," Mauser obliged. He lifted the pad as Alan settled into the seat and took the oath administered by the trial judge closest to the seat. A hint of a grin crossed the airman's face as he read the questions. He set the pad on the table and moved to stand before his client.
"Colonel Virdon, what is your current mission?"
"My mission is command of The Hyperion, a first of its kind interstellar spaceship, breaking the light barrier to travel to the Alpha Centauri system with specific focus on the terrestrial planet, Centauri Prime. This was a data-driven mission to determine the potential of human habitation and expanding exploratory outreach outside of our galaxy and to return to earth to report on the operation of the FTL drive and our exploration findings."
"Describe the complications to this mission."
"We arrived in the Alpha Centauri system as designed. The drive operated successfully. We were approaching Centauri Prime to establish orbit when The Hyperion was sucked into a radiation storm vortex that threw us forward in time over 1000 years. One of my officers was killed when we crashed somewhere in what I knew as California or Nevada. We discovered that humans had become subservient chattel to apes that had risen to the dominant species as a result of an unknown cataclysm which was intimated to be caused by human actions.
"As the ape leadership had taught their citizens that, contrary to history, apes had always been the superior species, the presence of myself and my surviving officer, Major Burke, was anathema to them and our deaths were ordered—after they concluded their examination of us. With the assistance of a chimpanzee named Galen, we were able to escape and avoid capture—or escape again when captured— for the last approximately 18 months since our crash. Since that time, we have sought lost technology that might lead us back to our own time in order to complete our mission. Coming to Kirtland was intended to find what plans, parts, guidance may have remained as the FTL drive that powered my ship past the light barrier was developed here."
"Have you abandoned your mission? Deserted your place of duty without proper authority?"
"I remain actively engaged in the fulfillment of my duty in spite of the significant displacement in time. I am unable to contact my superior officers to advise them of my predicament. As my record attests, the USAF did not consider my absence as one of desertion but as Missing in Action with a declaration of death when it was believed I was lost in the line of duty."
"You have been accused of espionage. What is your response to that accusation since you admit you came to the base seeking information and technology? What were you seeking, exactly?"
"Given the destruction and devastation we have discovered, the loss of knowledge even among the apes who function in a pre-industrial phase of development, any preconceived ideas we had of what might have survived at the base were on the side of caution. The Alban contingent has been isolated for centuries and have no knowledge of surviving communities other than their own. Their knowledge of space technology is extremely limited given their history.
"When we entered the command center, we were thrilled to discover that the base had working power. We entered the base with no expectations of what we might find and were not searching for high level intelligence related to weaponry, defense systems, or communications. We were looking for information related to the FLT drive, any schematics that could be used to re-create the drive and hoped beyond any believable chance that some clue as to the whereabouts of a ship complete with fuel that could lift off and survive a journey back through time might exist. Bottom line—we only knew what might be here, what we hoped would be here, to continue our mission."
"You are accused of aiding the enemy. Do you consider the apes an enemy force?"
"Despite the orders by the ape government for our execution, many apes provided support and assistance to us, and in fact, saved our lives on more than one occasion. I think, with time, an understanding could be reached to alter the apes' view of humans and allow for better understanding benefiting both species. My traveling companion, Galen, a chimpanzee, is a close friend who I trust with my life. He has saved it often enough. And he is supportive of our desire to return to our own time and does what he can to assist us in this mission.
"When we arrived in Alba, another group of apes were identified—the Rephaim. They are a nomadic tribe now included in the Alban community. They are allies."
"The Albans," Mauser glanced toward the bench, "are they an enemy force?"
"No," Alan was emphatic. "The city survived the destruction of everything around them. They have a stable, peaceful society although they have been closed off from the rest of the world until very recently. They saved our lives—strangers that fell into an old rail station while being pursued by one specific gorilla from the west coast. They had no need to intervene. They could have watched us meet our fate from their monitors. They could have stayed hidden, but they rescued us and have asked nothing in return. They came with us to Kirtland to provide security and support for my mission. They are allies."
Mauser paused, glancing back at the table having asked the questions the colonel had spelled out on the tablet. He turned back and made eye contact. Virdon had a brief puzzled look before he shielded himself, but Mauser's extrasensory processers noted it. The airman clicked away momentarily making full eye contact with Virdon's questioning gaze when his attention returned to the room. "Colonel, this view was taken from the security cameras as both mine and Chief Schwartz's recordings were lost before they could be downloaded."
Before Virdon could react, the images of the interrogation room filled the center of the area between counsel tables and the bench.
Burke, strapped to the metal chair, feebly lifted his head into consciousness. A low moan caused Zeke to raise his head although the rest of his battered body slumped in the chains.
"Pete?" Zeke whispered in a weak voice.
With effort, Burke focused on the angel, his head wobbling. Feathers littered the floor around the hybrid, some of them tipped with blood, and a few were entangled in the chains that bound him. Wet tracks trailed down his face.
"M'okay," Burke muttered unconvincingly. "You didn't tell them anything, did you?" He flexed his hands, testing again the straps that held him in the chair.
Zeke ducked his head. "If I'd actually known anything, I might have," he said, his voice wrecked from his own screams of rage and denial. "Why are they doing this? Why is Alan letting them do this?" He shook his head.
"It's like you said. It's not Alan," Burke said. "I know Virdon better than I know myself. He'd never say those things, never turn his back on us like he did. It's not him."
Before Zeke could answer again, the door opened. Schwartz and Mauser entered, followed by Virdon. He stopped directly in front of Burke.
"My men tell me you won't cooperate."
"Jesus, Alan, do you even hear yourself? 'Your men'?" He made a contemptuous sound. "'Your men' have been having a field day torturing us, so damn right I won't fucking cooperate."
Virdon's face flushed, his nostrils flaring and his eyes bulging. Burke swallowed nervously. A rage rose in the colonel's face but just as quickly shuttered over. "You're right. I shouldn't have sent my men to do something I should be doing myself." He reached down and grabbed the index finger on Burke's left hand. Burke's eyes widened as Virdon started pulling the digit backward.
"Zeke!" Virdon shouted over his shoulder. "I watched him die once. Do you think you can do the same?"
Zeke's hoarse protests were ignored as Burke locked eyes with Virdon. The colonel's face wore a harsh, unyielding expression—no compassion, no remorse, no sign of the friendship for which they had each risked their lives. "You son of a bitch—," Burke began.
The film stopped with Virdon's fist locked around Burke's finger, the major's hand flexed back against the restraint at his wrist. The colonel's face was pale, devoid of emotion and daring the major to challenge him. Burke's face was red, consumed with anger and betrayal, straining against the restraints that prevented him from any meaningful defense. Zeke's mouth was open wide, his wings taut as he thrust against the inescapable chains toward Burke, his eyes begging for a return of sanity as he pleaded for an end to the colonel's madness. Mauser had dropped his arms to his side, a frown to match the deep furrow in his forehead as his face was caught half-way between studying the hybrid and turning back toward the colonel. Schwartz stood just to the side of the colonel, his arms crossed at his chest, his hard stare focused on Virdon with a satisfied smile lighting his face.
In the hearing room, Mauser could hear the soft but labored breaths of Colonel Virdon even as he kept his expression masked. The airman studied the final picture for a moment before he walked closer to the witness chair and stated, "I have no recollection of this event despite being present when it occurred because my memory is contingent on the storage of data. You were also damaged over the course of events during and after this recording, but you do not lose your ability to recall these incidents. What is your memory of this event, Colonel?"
Virdon swallowed twice before he answered. "My memory is that I failed as an officer and a commander. Others endured the consequences of my failures. One the ultimate sacrifice. I allowed myself to be influenced, whether I was aware at the time or not, into unacceptable behavior that placed my officer at risk and a civilian in an inappropriate place of danger. I recall that I needed to be reminded of the shared oath of service and loyalty between myself and Major Burke before relinquishing command to my junior officer and removing the device that was adversely affecting my judgement, my character, and my leadership."
"This memory is painful to you?"
Virdon stared into Mauser's face, a hint of tears welling at the inner corners of his eyes until he blinked rapidly to keep himself in control. He cleared his throat and answered simply, "Yes."
"You see, Colonel, neither I nor my fellow airmen understand these feelings you experience. We can observe, we can gather information, we can respond. I am programmed to watch and gauge the biological functions of organics that reveal these emotions, these signs that reveal what they may be thinking or experiencing or hiding."
Mauser was fast-forwarding the film as he talked. The Alban armed force crashed into the room quickly eliminating Schwartz and Mauser and pressuring Virdon against the wall as he waved his pistol unsure where it should be aimed. Burke was released from the chair as others attended Zeke. Burke joined the dark-haired female who appeared to be in command and engaged in an emotional exchange with his commanding officer.
Mauser hit play.
The major staggered forward allowing Virdon to press the pistol into him and said, "This," as he flattened his hand on Virdon's chest "is all I care about. This connection between me and you."
"Pause. Colonel, have you accepted the command choices you made while on the base? What is the phrase—come to terms with your decisions and the consequences?"
Virdon's head jerked up to stare at the airman again. His shoulders stiffened as he straightened in the chair. "I assume full responsibility for my decisions knowing I can never undo the harm it caused to those I was meant to protect."
"I suspect that who deserved your protection, and the impact of those decisions are viewed differently by you and some of those around us." Mauser glanced at the back of the room where Schwartz had not moved from his stiff, cross-armed stance. "No further questions."
Kelley remained seated as Mauser made his way back to the defense table and took his seat. The sergeant tapped the table surface with the fingertips of one hand before standing. He stopped in front of his table.
"Colonel, you stated that you were here to complete your mission that began when you left earth in 1980 and want to return to that world. Did Major Burke also hold true to that mission? Intend to return to your own time?"
Alan took a moment, keeping his eyes straight ahead even as he allowed his mind to return to other memories. As Pete lay dying on a concrete slab pierced by rebar, his life soaking red into his once blue shirt and tan slacks, pouring down the concrete sides to pool at the base, Alan had apologized for leading him into this mess. "S'okay," Burke muttered, his speech slurred. "Follow you anywhere."
Virdon spoke firmly, "He followed me from the moment he came under my command. He followed me when our ship crashed, and we were lost in a place that had no discernable direction to go to find the way out. He followed me despite the known risks and after the significant injuries he suffered because of those risks. Major Burke gave everything he had to our unit, to fight for our survival and at great cost to himself. And even after those experiences, he followed me. Should we discover a way back, Major Burke will be with me. He once told me, 'if we ever do find a ship to get home, you're gonna need a hotshot pilot; you can't fly for shit,'" Alan grinned as he spoke the memory aloud. "Wherever I go, he will be with me."
"You informed Major Burke that you were in command of the base. He was advised by you that the airmen present on the base were USAF. Is this loyalty you give to your officer the reason you ignore the fact that despite this prior knowledge, he shot Chief Schwartz with no provocation thus calling his oath to the USAF into question?"
"The provocation was his commanding officer had been taken by force prior to that encounter. He witnessed my attempt to separate Zeke against his will away from him. Chief Scwartz shouted, drawing the other airmen into the conflict as he approached with a clear intent to engage him as I grappled with Zeke. Major Burke's action was one of both self-defense and protection of a civilian. His actions were consistent with his oath as an officer of the USAF."
Kelley moved forward another step. "I am confused, Colonel. You claim that you are committed to continuing your mission. If that was always your intent, why did you accept command of this base when you planned to depart?"
Virdon's response came more quickly. "For starters, it got me out of a cell and allowed me mobility to better determine the conditions and possible resources available on the base. I think after over a year and a half of being hunted, pretending to be uneducated, subservient, and endlessly discouraged watching technology destroyed or discovery that the rumor of its existence was a dead end, it was astonishing to find that a small piece of the world I once knew survived. I simply stepped into a role I knew well. I thought that I could temporarily meet the needs of the base and interface with the needs of my team from Alba."
"Much like you had hopes of encouraging those apes you spoke of to see humans that had fallen into subservience as equals. You are an optimist." Kelley took a measured step toward Virdon. The sergeant continued. "You testified that the apes and the Albans were not an enemy force, but allies. Your proclaimed allies damaged duly sworn airmen of the USAF with their weapons. Your allies disabled the entire force leaving the base vulnerable to attack from any force wanting to procure The Pile for the development of weapons. How do you justify that?"
"Our first encounter with base personnel was based on the decision to take me, and whoever else could be detained, by force rather than an attempt to initiate contact. That action set the course of all further responses with damaging results."
"But you told them yourself that you were in command, but they continued to attack," Kelley countered taking another step forward.
"As a commander, would you accept a transmission from one of your men who might be compromised or coerced into making that statement without further verification?" Virdon countered with his own question. "The decision to send only Burke and Zeke to investigate was sound. And when they were taken prisoner as well, the Albans responded in self-defense."
"Chief Schwartz and Airman Mauser might disagree with that statement, Colonel." Kelley came closer to the witness chair.
"At that point, the Albans were engaged in a rescue mission," Virdon responded to the statement. "Given the condition of both Major Burke and Zeke, their concern was justified. And once they were retrieved, they left the base. No attempt was made to make further incursions into the base even after base personnel were neutralized. The most obvious threat and barrier removed."
"More than neutralized. Multiple airmen suffered significant damage in the process. As base commander, acting or otherwise, have you discounted your responsibility to those airmen?"
"I had relinquished command due to my inability to function in that capacity when the group began steps to depart. Despite their active efforts to leave, they were chased, and deadly force used against them. The damaged airman can be recovered as evidenced by the presence of at least two in this hearing room," Virdon glanced at Mauser while waving at Schwartz. "The attack on the retreating Albans killed a healer, a non-combatant, and injured others. Some seriously. There were losses on both sides. Some more significant than others."
"So, it is your contention that Chief Master Sergeant Schwartz should have initiated contact welcoming with open arms the uplifted ape species and hybrid humans with whom an active declaration of war existed and treated them to a tour of the base because there had been no recent activity?" Kelley now stood inches from Virdon, staring down at him with contempt in his voice.
"No recent activity for centuries. Hundreds of years. The apes and Albans involved in entering the base were not in a state of war. For them, the war had been over for generations, a distant history that had destroyed the outside world around them. If you were being objective, you would agree that mistakes were made in the base approach of choosing to incarcerate and then asking questions. You outnumbered the Alban contingent. A first contact approach likely would have yielded less damage on both sides," Virdon lifted a steely gaze to the counsel's attempt at intimidation.
"And you take no responsibility for those mistakes, Colonel?"
"I am fully responsible for my mistakes, Sergeant. Mistakes that I must acknowledge but mistakes that do not support the charges against me. Perhaps as biomimetic synthetic lifeforms, you should recognize that since you are capable of making choices, you are also capable of making the wrong ones." Alan said tersely.
Kelley spun and returned to his table but remained standing. "No further questions."
"I have one question in cross," Mauser jerked to his feet immediately. Williams waved at him. The airman came to the witness chair. "You took command of this unit with some knowledge of what remains beyond the land that surrounds us. More than what is known by any here because we know only the remnants of the devastation nearby. You have walked among the survivors, seen what came after. If you returned as commander, what would be the orders you would give? The orders we should follow?"
Alan forced himself to stillness. He silently cleared his throat and replied, "Seeing what I have seen, knowing what I know, my orders would be that it is imperative that you hold true to the orders given as the world of man fell. You must protect the weapons, what you call The Pile, against any who would seek to take up those arms. Those weapons must never be used again."
"And if your named allies—the Rephaim apes? the Albans? If they came for The Pile—what would your orders be then, Colonel?"
"Stop them."
"No further questions," Mauser returned to his seat.
"You may step down, Colonel," Williams instructed.
Virdon took a deep breath but the weight of the sand falling around him had returned. He could hear the rustle of the bench as several of the hearing judges turned to look at him. Kelley and his second conferred quietly. It was Schwartz staring at him, a whisper of a smile on his face as if all the pain he had inflicted had been justified after all. Suddenly feeling as if he had lived each of the thousand years that had passed, Alan rose and defiantly met the Chief's stare. It was the android that looked away first. Concentrating on not giving away the aches in his lower back and legs, he moved to his seat at the defense table. Mauser raised an eyebrow as he approached to which Alan gave a quick nod.
"The defense rests," the airman announced. Alan dropped heavily into his seat. He was light-headed from the lack of food and water and anxious to escape this room.
"The hearing panel will review the evidence presented and will release a finding. The hearing for Lieutenant Colonel Alan Virdon is hereby called into recess," Williams banged his gavel in response.
"Trial Counsel wishes to present a new motion before the court," Kelley announced.
"Proceed."
Virdon swallowed back the groan that started to claw up through his throat.
"In the presence of assigned defense attorney and his commanding officer of record, Trial Counsel is filing an official request to try Major Peter Burke in absentia given his refusal to comply with the arrest order, resulting in his injury, and avoidance of detention. In that Major Burke will not be secured and brought to face these charges against him, Trial Counsel moves that existing testimony be accepted into evidence for court. Trial Counsel has reduced the charges to the most significant: Article 85—Desertion, Article 128, Assault and Article 103B, Aiding the Enemy—the closest the UCMJ will get us to Treason. To expedite the findings, and if defense counsel concurs, we will waive a full hearing and oral arguments and allow summary judgement."
"I object!" Virdon jumped angrily to his feet, an adrenaline surge erasing his fatigue. Mauser hurried to his feet to stand beside him.
From his place at the head of the bench of the twelve hearing judges, Williams looked at Virdon with the slightest hint of empathy in his eyes. "Colonel Virdon, Sergeant Mauser has explained to you the unlikely event that Major Burke survived his exposure to the Entropy. Until his death is confirmed, this review is a formality to reach a final determination on the charges."
"Major Burke possesses a penchant for finding trouble but is amazingly adept at escaping it," the colonel said with more confidence than he felt. "I will not allow Major Burke's exemplary service to be marred with false claims on his record or take the chance on this body conferring a guilty verdict without ensuring a balanced hearing. I won't deny that my junior officer pushes limits; however, his loyalty to his oath and repeated actions of bravery and self-sacrifice should be honored, not prosecuted."
"Are you demanding an open hearing, Colonel?" Williams released the gavel he had been holding.
"If that's what it takes."
"Further unnecessary delays…," Kelley shook his head in argument.
"As if you have anything else to occupy your time," Alan hissed under his breath causing Mauser's eyes to dart his way.
"We can begin immediately," Mauser offered followed by a snorting sound from the back of the room.
"Trial Counsel, do you have any opening statements?"
"Read the charges into the record as noted. The evidence shows that Major Burke had abandoned his duty and had deserted his unit without authorization. Not even defense can deny that he assaulted Chief Schwartz when he pointed a rifle and pulled the trigger with what he intended to be a kill shot. Lest we forget, the trigger-happy major also shot Airman Gunner during his lawful attempt to serve an arrest warrant. And finally, the major chose a side. It wasn't the USAF but a declared enemy of the United States of America. We have no further statements at this juncture," the sergeant crossed his arms as he glanced back at Schwartz who could have been a statue in his position next to the door, a statue with an angry stare directed toward Virdon's back.
"Defense Counsel. You may proceed."
Virdon whispered in Mauser's ear. "The crater—we have to see what happened at the crater."
"Neither of us have seen it. It hasn't been filed as evidence. It could prove their case. Are you sure you want to take that risk?" the airman whispered back.
"I know Pete," he told the airman quietly. "I know what it will show."
"Counsel?" Williams pressed.
Mauser lifted his chin as he spoke, "Defense Counsel for Major Burke accepts prior testimony into evidence with an opportunity for a summation regarding that evidence. Further, defense counsel requests the video report of Airman Gunner at the scene of the attempted arrest be admitted and played for review."
Williams turned toward the Trial Counsel table. "No objection," Kelley waved nonchalantly and lowered himself into his seat. "By all means, summarize."
Mauser took Alan's arm and directed him back to his chair. "I can do this," he gave him a brief grin. He moved before the bench. "Chief Williams, as we are proceeding without a recess to this extended day, I am requesting that food and water be delivered to Colonel Virdon as we present Major Burke's case. MRE is acceptable to keep the decorum of the hearing room." This time the snort came from the defense table.
"We will address the Assault charge first." Mauser paused momentarily before a brief video feed from a ceiling security camera from the central control room flickered into view.
"Pete," Zeke clutched Burke's arm, his tone low and urgent, "I'm not getting anything from the others." He was staring past Virdon at the half-dozen men behind him. "There is nothing there."
Burke did a double take from Zeke back to the soldiers. "What—"
Chief Schwartz called out, "Colonel!"
All the airmen moved forward. Virdon grabbed Zeke, eliciting a cry of pain from him as he was pulled away from Burke. Schwartz strode forward to join Virdon, Burke brought up his rifle and fired a single shot into the soldier's chest.
A white fluid spurted from the wound, and after missing a step, the solder closed rapidly on Burke. He wrenched the rifle out of his hands and struck him on the side of the head with its butt. Burke crumpled to the floor.
"Clearly, self-defense," Mauser announced. "Major Burke's actions do not constitute assault any more than Chief Schwartz. Both parties entered this room treating it as hostile contact. The moment our airmen took forward steps and the hybrid was pulled away against his will, Major Burke justifiably responded as he and his companion were under attack. We may not like the results of Chief Schwartz's injury, but the rules of engagement do not consider such an encounter a criminal act. We will revisit this charge when Airman Gunner's report is presented.
"We can wrap up Aiding the Enemy by pointing out that this clause requires the service member must aid the enemy AND did so with certain arms, ammunition, supplies, money, or other things. First, Trial Counsel has yet to prove that the arriving unit came as an enemy force. They came in search of Colonel Virdon and Major Burke's past, not to continue the war. More importantly, according to Major Burke's recorded testimony, which has been accepted as truthful, he came in search of a ship or other knowledge that would return him and Colonel Virdon to their own time. NO attempt was made by Major Burke to gain knowledge about or access to The Pile or any other weapons systems on the base. He can't very well provide to an enemy something he wasn't even looking to find.
"Desertion. I don't think we have to look any farther than the first encounter." Mauser froze momentarily before a new video appeared from the security cameras.
"Hostiles!" a woman shouted, her rifle slotting immediately to her shoulder although she did not shoot. The room was dim but the flashlights from the Alban's needler rifles and the computer terminal where Colonel Virdon and a hybrid stood gave enough light to see bodies flashing in the large space.
"Everyone back to the door!" the woman commanded, but Burke was already moving toward where Virdon had stood at the console—where a rifle laid on the ground, abandoned.
"Alan!" he screamed. A muffled yell that sounded like his name called from the inky surroundings. One of the hybrids, the one called Zeke, banded his arms around Burke's chest stopping him, pulling his feet off the floor. The hybrid was speaking although the film did not capture the words. Burke continued struggling as Zeke pulled him backward toward the exit.
"Alan! Alan!" the major shouted again, trying to twist out of Zeke's grip, but the angel was too strong.
In a flash, he was jerked through the doorway, and the thick hatch slammed shut.
"It is the duty of an officer to come to the aid of his unit and his commanding officer," Mauser resumed the narrative. "Unless Trial Counsel wants to propose that one of the other members of the Alban unit was also called Alan, Major Burke fought to reach Colonel Virdon when he believed that he was in danger. And we saw earlier today that even after his C.O. threatened him with bodily harm, the major staggered, because he could barely walk as a result of his interrogation, to stand next to Colonel Virdon and show his unquestioning loyalty. These are not the actions of a man who has deserted his unit."
Mauser looked back at Virdon. The colonel had stuffed the contents of a food packet in his mouth leaving the empty wrapper on the tablet and the glistening of an empty glass revealed the water was gone as well. He sat straight in his chair, his blue eyes finding Mauser. The flare of his nostrils and small tics of his lips suggested a surprising thing. You care more about what happens here for the major than anything that will be done to you. The airman lowered his head as he considered resting his case before allowing possible incriminating evidence to be considered, but Virdon's words echoed in his mind. I know Pete. I know what it will show. As an android, the airman understood the concept of trust and had seen glimmers of it between commissioned officers on the base when those men lived but had not experienced it at the level shared by these two organics. He wished he had time to process it. He straightened.
"All of our training teaches us to gather information, prepare, know what barriers and threats await since it is foolhardy to go blindly into a situation you plan to win. Requesting footage that was not requested by Trial Counsel and which I have not seen is questionable as it may not be in the best interest of Major Burke. However, in our time spent together, I know that Lieutenant Colonel Virdon is no fool. He believes in his officer. As Major Burke's defense counsel, I will believe in Colonel Virdon. Play Airman Gunner's encounter with the major." A short time passed before the video feed appeared. Virdon pulled forward, his eyes following every movement before him.
The crater stretched in front of Airman Gunner. The EATTS vehicle, door open, sat within, its roof and raised door not reaching the level of the surrounding landscape. The audio was muted or too low to hear as bullets from the hovercraft on the far side of the hole shot up plumes in the sand as the rotating mounted gun weaved in random trajectory. Three airmen and Master Sergeant Specks moved on both sides of the crater approaching the threatening vehicle. The view of Gunner's internal camera looked back and forth at the hostiles spread out on the ground and the view as he took several steps toward the hovercraft, leaving about five feet between him and the unconscious prisoners. He scanned the rocks in the direction where Burke had been seen, attempting to locate him.
The camera view showed Gunner's knife wielding hand point toward the hovercraft with at least one airman glancing back in his direction at whatever appeared to be shouted. The view spun suddenly to visualize Burke in a flak jacket, a pistol in one hand, a remote device in the other with his arms crooked under Virdon's arm pits dragging him toward the rocks that had concealed him. Others were close enough to be seen in the periphery, including Zeke.
Burke's eyes had been up, intently focused on the android, expecting discovery. He pulled his left hand back and stuffed the remote in a pocket and quickly rested it behind Virdon's head as he lowered him back to the ground. As Gunner moved forward, the knife gripped in an offensive position, Burke rose taking one step to the side of Virdon, steadied the pistol then fired. A stream of white shot up as Gunner took three steps before lunging forward into Burke. In the scuffle that followed, Gunner's camera view revealed glimpses of his hand wrapped around the blade that had entered at Burke's waist and the dark red discoloration on the black fabric. The two held each other trying to keep control.
Burke started to push away although neither had released their grips. He looked down at Virdon and his mouth moved although the sound remained muted. He shoved Gunner off him, the airman falling to the side as the rotated angle watched the major stumble toward the rocks, one bloodied hand now around the blade hilt. His face was pinched, full of frustration as he slipped out of view.
"What did he say?" Mauser hissed in Alan's ear. The colonel had not realized he leaned so far forward, his eyes locked on the images, he was almost standing. "Would it help or hurt?'
"Play it," Alan insisted.
"We have visual evidence that Major Burke chose the security of his commanding officer over the others in captivity when he could have assisted any one of several, including the hybrid, Zeke, whom he attempted to protect in previous encounters," Mauser addressed the room. "Now let's hear what he had to say. Adjusting the feed allowing audio," Mauser explained as the scene reversed to the beginning of the encounter between Airman Gunner and Major Burke.
The sounds of the pistol firing and Gunner's grunt, the scuffle as the two met and heavy breathing as Major Burke pushed Gunner back heightened the violent exchange. The major looked down at the ground where Virdon was left at his feet.
"I will find you, Colonel. I will come for you," he uttered as he shoved off and Gunner's view tumbled as he fell. The final words were almost lost in the noise of the airman's fall and Pete's pained steps away from the scene. "You and me, Al. Count on it."
"I never doubted you, Pete," Mauser heard Virdon whisper as silence descended in the hearing room. The video continued to play as a sideways view showed Burke stagger out of sight. Mauser lowered his head, putting his thoughts together, deciding to take another risk.
"We have the personnel records. We have the digital recordings. We have the testimony. We have two cases before this court—but they're not. The threads weave through the two then knot, binding them together. As you review the evidence before you, remember that Major Burke and Lieutenant Colonel Virdon are exactly who they say they are: USAF Officers wrenched away from their lives and thrown into a future they could not have predicted. That they have managed to survive in this world and continue to seek to fulfill their mission speaks to their resourcefulness and commitment to the oaths of service they took centuries ago.
"These men should be commended and held up as a model for others to follow as they left the past and found a way to serve in the future, not prosecuted for finding common ground with the natives who assisted them." Mauser paused, glancing back to Chief Schwartz who seemed to give him a warning look, but Mauser went on.
"Perhaps it is time that we leave the past and make our way into the future as well."