USS Kitty Hawk • NCC-1659  
Story: Tom and Tom Again (Ch 10)   


 
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Table of Contents This was the day that Janeway had dreaded, testimony from the accused. Mentally she had prepared herself for the actual process, but was fearful of what the results might be. She still wanted the Equinox crew to get a fair shake.

First of the Equinox crew to be called by the prosecution was Angelo Tassoni. He moved slowly to the stand and, after being sworn in, he got as comfortable as possible.

Not wasting any time, Bass began immediately. "Mister Tassoni, this court, indeed all of the Federation, is anxiously waiting to hear what you have to say about the events that occurred aboard the Equinox. We all have a general idea, but what this court wants to know concerns what specific actions you did or did not take. Let's start with the initial plan to use the aliens as fuel."

Tassoni looked like a trapped animal but remained reasonably calm. "Most of the crew was unaware of that... plan."

"Really? How could the captain keep a secret like that aboard a ship that small, with so few crewpersons?"

"I'm not sure it was intended to be a secret as such. But initially, only the captain, first officer and chief engineer knew the details."

"Then when did you learn the details?"

"Sometime after the first use of the... new propulsion system. Everyone was amazed at the results and wanted to know more about it."

"And your reaction to that knowledge?" The prosecutor was now pressing hard.

"We were shocked, it was unbelievable."

"Was there any discussion amongst the crew regarding the situation?"

"Absolutely." Tassoni seemed offended by the question.

"Did any of those discussions include plans to relieve the captain for his actions?"

"Yes, sir, but it was Starfleet regulations that changed our minds."

A very surprised Bass was obviously caught off guard by the response and countered in disbelief, "And what regulation would that be?"

"Starfleet Regulation Three, Paragraph Twelve. I looked it up myself, just to be sure. I think it says: 'In the event of imminent destruction, a captain is authorized to preserve the lives of his crew by any justifiable means.' Is that not correct?"

Bass was surprised by the response. "That was your idea?"

"No sir, the captain's. He explained it to all of us." Tassoni sounded genuinely sincere and innocent.

"You really believe that you and the rest of the crew were that desperate?"

Now Tassoni began to show his stress. Almost pleading, he explained quietly, "Our ship was a minimally-functional wreck, with entire sections open to space. We lacked food processors and replicators. Over half the ship was uninhabitable with almost no defenses against many hostile or belligerent aliens. We had no support; Starfleet was not available to send reinforcements; no starbases in which to seek refuge or assistance; and no Federation members to lend a hand..." Tassoni was now drained mentally and became quiet.

The judge advocate was not sympathetic at all. "So you went along with the plan to kill aliens indiscriminately just so you could get home? I thought the crew was resigned to the fact that they'd never get home. If so, then why kill the aliens in such an outrageous futile attempt?"

"I made it clear that I was not in favor of the plan... but our choices were limited and the captain offered a glimmer of hope, especially after the success of the first test."

Now 'circling in for the kill,' Bass challenged him. "You voiced your opposition? To whom?"

"Just about everyone and many of them felt the same way."

Now the prosecutor became sarcastic. "Unfortunately, they're all dead except for your fellow crewpersons who are also on trial. Rather convenient, isn't it?"

Novozhilov was about to object when Tassoni made a surprising statement.

"Well, I did enter it into my personal log."

Bass seemed to be pleased with the response, a reaction that surprised Novozhilov.

"But as we know, the Equinox was destroyed along with all of its computer records." Now the prosecutor confronted the man with a revelation. "Did you know that Voyager crewmembers were able to recover computer records prior to the destruction of the Equinox?"

There were a few gasps of surprise in the courtroom, but 'Mike' was studying Tassoni's reaction. Rather than acting as if he were caught in a lie, he looked relieved or even exonerated.

The Russian JAG officer reacted visibly and Janeway noticed. She was trying to figure out what the man was doing and wanted to know why he had restrained from vocalizing an objection to Bass's intense questioning. "What is it?"

He waved her off so he wouldn't miss what came next.

"No I did not, but that would prove what I said!" Now Tassoni was smiling, if only just slightly.

"Regrettably, not all of the Equinox records were recovered. I don't think any personal logs were part of the information saved."

Tassoni looked disappointed again and said nothing.

Now the prosecutor turned to Janeway. "Did you wish to question the witness?"

Placing his hand over Janeway's, Novozhilov shook his head almost imperceptibly. Accordingly, she declined the 'offer.' "Not at this time." Although she said it, she wasn't sure why and was having doubts about her colleague's sanity, far less his ability.

Zafy nodded, "Witness is excused."

Janeway could see her companion in deep thought and therefore, waited for him to start the conversation.

"Admiral, I think we have an opportunity here. I'm going to ask for a recess, just go along with me, okay?"

She still wasn't sure what was going on but agreed, "Of course."

Gathering his composure and bearing, he rose before Bass had returned to the prosecution's table. "Your honor, at this time I would like to request a recess."

The president of the court looked annoyed and let it show, "For what purpose?"

"Mr. Bass' revelation concerning additional records makes me wonder if my defense team has missed something. We would like to review our records and check them accordingly."

A very dubious look from Zafy gave Novozhilov a chill, but she surprised him. "We're only a few hours from adjournment anyway... court is recessed until oh nine hundred tomorrow."

A single tap of the bell indicated the court was dismissed. The members of the court exited hastily as if they welcomed the break.

As soon as the court and the prosecution were gone, Janeway turned to her JAG advisor. "Okay, what's going on?"

Tom Paris moved in closer, "Did I miss something?"

Now gathered in a tight group, 'Mike' explained enthusiastically. "Did you notice Tassoni's reaction when Bass said computer records had been saved from the Equinox?"

"Not really." Janeway was still puzzled.

"I wasn't aware of any records having been recovered except those from engineering," Paris noted.

"None were. Bass was running a bluff."

The lieutenant asked innocently, "To what end?"

"Bass wanted to 'shock' Tassoni with his revelation, hoping to reveal that Tassoni was lying."

"And?" Paris was caught up in the explanation."

"It didn't work! Tassoni looked relieved, as if his story regarding his opposition of Captain Ransom would be substantiated!"

"I'll be... " Paris was impressed. "Then Tassoni was telling the truth."

"Yes and Bass knows it now. He knows that if he pursues Tassoni, he's going to lose his edge. I think he'll have to shift his focus."

Now Janeway was caught up in the revelation, "Where to?"

The room was now empty except for the trio that made up the defense team. "Right now I'd say Tassoni, Sofin and Morrow are fairly safe as they have all maintained their reluctance to participate in the alien fuel plan. Bass will no doubt shift his focus and concentrate on Gilmore and Lessing. Do we have a report on Gilmore yet?"

"This is from the doctor," Paris handed the man a data padd. "He said it's a preliminary report, but fairly comprehensive."

"And?" The Russian looked hopeful.

"You were right, sir."

"Good!" As soon as he said it he apologized. "Sorry, what I meant..."

Janeway smiled weakly and acknowledged the attempt. "We know what you meant." She became quiet and asked, "What's next?"

"Tomorrow we ask for another recess." Noticing the reactions of his colleagues, he explained further, "We're going to 'pull a fast one' as the saying goes. I will cite the new evidence that will require 'further investigation' and therefore a recess."

"What new evidence?"

"The doctor's report!" Mike said.

"A lie?" Paris was bewildered by the Russian's statement.

Beaming, he explained, "Not at all," he nodded at the data Padd the young man had just given him. "I have only recently received this vital piece of evidence, right? I can use it as a means to open a door. Since the admiral was unable to get us an extension on starting the Court Martial..."

She became embarrassed, "Sorry about that."

"Not at all," he continued, "We have a good reason for a recess. We need more time to prepare for Gilmore's defense. None of us were aware of Gilmore's condition until your doctor conducted his examination. And he was just being cautious, after witnessing 'certain symptoms.' That is his job, right?"

"Remind me to never play poker with you, Captain." Paris was only half serious. "Do you think it will work?"

"The court must agree and Bass will have no choice but to go along with it. If they don't, I'll protest loudly against their lack of fair play and they know it. Besides, it would not look very good as an example of the JAG office or Starfleet itself. They want to resolve this in a fair manner."

Janeway finally found herself smiling in relief. "Finally, something is going our way."

"Well, a little anyway. But it's a start. This has been a fairly good day for our clients. Let's go to my office and continue this discussion, shall we?"

"Agreed, Captain, but first, I'd like something to eat," Paris suggested.

"Sounds like a good plan, Mister Paris." Janeway stood up and led the way out of the room at a clip, with the other two close behind.




Entering the court room the next morning, Janeway found herself smiling. Her confidence was up and she felt as if there was real hope for the defendants.

As Novozhilov appeared, he too seemed confident and in good spirits.

Bringing up the rear was Tom Paris, out of breath. "Okay, I've got the doctor ready. He's prepared to explain his exam of Gilmore in detail, if necessary."

"I believe he would actually enjoy that," Janeway quipped.

"You're probably right, Admiral." Tom was in thought, "I just hope he doesn't over-do it and make the president of the court angry."

"Let's hope not. Anyway, the day will be short if I have my way!" The Russian smiled broadly and sat hard. Then he leaned over to Janeway and spoke quietly. "Shields up, Admiral, and red alert; we're going in."

Before Janeway could respond, the court members entered the room and took their seats. Bass and his associates were already seated as were everyone else in the court room. It was dead quiet, as if everyone knew it was going to be a 'special' day.

Zafy sounded the bell and brought the session into order, rather unenthusiastically and gave Novozhilov a hard stare. "I trust you had enough time to review the new data in question?"

Standing quickly, the JAG defense officer sounded more humble than usual. "Yes, ma'am. However, I would like to bring up another matter concerning new evidence."

Rolling her eyes, Zafy acted as if she was afraid to ask what he had in mind, "And that is?"

"Voyager's EMH had noticed that Miss Gilmore was exhibiting behavior indicative of possible mental impairment --"

"I object!" Bass shot out of his chair like a phaser bolt and moved between the members of the court and Novozhilov. "This is a trick. An obvious ploy to have the defendant declared incompetent to stand trial."

"Why, yes, Mister Bass, but only if it is true, which is why I wish to request an examination for just that."

"Why now, Captain?" Zafy seemed genuinely interested in the request.

"I received a report from the Voyager EMH after this court recessed yesterday." He retrieved two data pads from the table in front of him and moved towards Bass, giving him one and then handed the other to Zafy. "In these data padds you will find copies of the doctor's findings and the implications of those findings."

Barely contained, Bass launched into a diatribe worthy of his reputation. "I find this highly irregular. The ship's doctor is bound to be prejudicial. Besides, he is not qualified to make such a diagnosis! Why should the court accept such a report?"

Calmly and with just a light touch of a condescending tone, the Russian surprised everyone, but mostly Bass. "You're absolutely correct." He let the words hang in the air for a moment. He then added, "Which is why I'm requesting an examination by psycosomatic experts."

Bass started in again, "No doubt selected by you, right?"

Again, he responded with a surprising reply. "Of course, but to make the prosecution happy, let's have another expert examine Miss Gilmore, one appointed by the court or prosecution; perhaps both."

The JAG captain had now completely shut down the judge advocate who returned to his table. There, he took a seat and reviewed the data padd quietly and sullen.

Meanwhile the three members of the court huddled together in a quiet conference over their own data padd. The conversation took some time but eventually Zafy regained her composure and spoke forcefully but at a fairly moderate volume. "Based on the information at hand, and in the interest of fairness, this court believes it is necessary to conduct a further exam of Miss Gilmore. Therefore the court will recess for forty-eight hours. We also accept Captain Novozhilov's suggestion to have three experts complete the exams; one suggested by defense, one by prosecution and one appointed by the court. I trust that will be to the satisfaction of all those having an interest in this case. If there are no objections or further issues..." When none were raised she sounded the bell and closed the session. "Court is hereby adjourned."

Before Janeway could congratulate 'Mike' on his brilliant work, she noticed Gilmore. The young lady had the appearance of being scared and was in tears. Very quickly, Janeway moved to her. The admiral was genuinely concerned and spoke very quietly and calmly. "Marla, are you okay?"

Obviously stressed, Gilmore answered with contempt, "Isn't that what the doctors are supposed to determine? Really, Admiral, I appreciate your help and that of the Captain and Mister Paris, but I'd almost rather be convicted than to be proved... crazy!"

As the courtroom emptied, Janeway took a seat next to Gilmore and remained with her. "No one is saying you are crazy, but you may have been under extreme stress and that would have a bearing on whether or not you are found innocent or guilty."

"But I'll never be able to serve in Starfleet again, or even civilian jobs." Confused and hurt she confronted Janeway, "Why would anyone think I'm not in my right mind? What did I do?"

The admiral tried to explain. "Actually, it wasn't just one thing it was many smaller things that just didn't add up. Starting with how my rescue team found you. You were frightened beyond belief and cowering, even after realizing it was Starfleet officers who were trying to help you."

Somewhat calmer, Gilmore offered her reasoning, "I thought I was hallucinating, we had no idea another starship was in the Delta Quadrant."

Smiling, Janeway commented, "We thought we were hallucinating, too, when we received your call for help."

Now calm, Gilmore still couldn't understand why she was being 'singled out,' "But why me, why not the others?"

"There were more indicators for you; your reluctance to return to the Equinox, your fear of the turbolifts or confined spaces, constant moving back and forth between helping me and helping Captain Ransom; those were actions in conflict with each other. Then there was your inability to decide what to do and who was right. You even commented that you were glad to see that the killing of aliens was coming to an end and that we were stopping you. Then you went back to the Equinox, disabled Seven and reinstated the system that was using the aliens as fuel."

Now fully calm but dejected and somewhat depressed with guilt, Marla Gilmore looked Janeway in the face. "I suppose I was a bit... confused, but what about my future? I'll be... marked for life."

Now the admiral held her by placing both hands on Gilmore's shoulders. "If you're sick, you can be cured. That's all that matters right now. I just don't want you convicted for actions you took when you weren't truly responsible."

After a few moments of silence, Janeway removed her hands and made Gilmore a suggestion. "Let's see what the doctors say. If you do have a problem, we'll get it taken care of. Once you've been cleared for duty, I expect you to report to Voyager."

Now Gilmore smiled and sighed heavily in relief. "It's a deal, sir!" She stood and exited the now, nearly empty courtroom. Only Novozhilov, Janeway, Doc and Paris remained.

Doc approached the admiral, "A very commendable discussion on your part, sir. It should go a long way to help her deal with her current situation. However, I must point out that there is indeed a chance that, even if she is declared innocent by reason of mental disorder, she might not be cleared for shipboard duty either. That would include Starfleet or any other space service, military or civilian."

Janeway took the news very hard. "Is that your professional opinion?"

"Absolutely. Only a much deeper and more thorough exam will determine her ultimate diagnosis and treatment, but some humanoids never completely recover from what I believe to be Post Traumatic Stress Disorder. Given current methods and treatments, that percentage is low, approximately two to three percent, but the possibility does exist."

Now the room was dead quiet.

It took a few long moments to recover, but the admiral finally managed a comment. "One crisis at a time; let's see if she can be declared innocent by reason of... impairment. Then I'll worry about her future with Starfleet and Voyager."

She turned to see the others watching her. "Councilor, do you have any recommendations regarding an expert in psychological exams?"

"As a matter of fact, yes; let's discuss it somewhere else, shall we?"

The foursome left the room at a leisurely pace and in total silence.

The doctor excused himself once the group moved outside. He had been present only to respond to any questions regarding his exam. Since there were none, he let the legal trio discuss Gilmore's situation without him. After all, he had much to do concerning his own legal issue to resolve, the right to be considered a sentient being.




Soon, Janeway, Novozhilov and Paris were in the Captain's office. All three took a seat, hard. Then they began discussing Marla Gilmore's case.

"I'm beginning to think I've been doing this too long," 'Mike' said to no one in particular.

"Why is that, sir?" Paris was genuinely interested in the man's reasoning.

"I'd like to hear why as well," Janeway added.

Leaning back in his chair, the Russian seemed to be a million miles away in thought. "My primary concern with Miss Gilmore was seeing that she wasn't convicted, regardless of what the prosecution, evidence or testimony revealed. It just wouldn't sit right with me. She was not in total control."

"Understandable, Captain," Paris commented quietly.

"I just did not anticipate her reaction. I really thought I was doing the right thing."

Janeway offered a theory, "Maybe her reaction was proof of her instability. She wasn't able to see how it could help her. She still may be... on shaky ground. After all, once I explained the situation to her, she seemed to understand."

"Only because you promised her a future, something she couldn't see in her own mind."

"Very true, Lieutenant," Novozhilov looked at Paris. "That may be a key to her eventual recovery. At least let's hope so. Still, I feel somewhat guilty regarding her intense reaction and her fear or being labeled as an unstable or even crazy person or unreliable... or anything like that."

"You were doing what you thought was best for her. That's all anyone can do sometimes."

Now the Russian looked at Janeway, "Is that command philosophy or courtroom?"

"Maybe a little of both, Mike," she smiled at the use of the name.

"You're starting to sound almost like a lawyer, Admiral."

"Well, if you're going to insult me..."

All shared a laugh and Paris added, "Speaking of legal work, let's choose a psychologist or psychiatrist, then I can visit my wife and daughter. Maybe I'll even get to have lunch and dinner with them, both on the same day!"

Again, there was another round of laughter and Janeway gave Novozhilov a wink. "I think the captain and I can do that without your help, Lieutenant, dismissed!"

"I agree, go see your family. You haven't had much of a chance to do so lately. Take my word for it, you need to make an effort to keep them close whenever possible. You never know when the opportunity will arise again. Now get out of here!"

"Okay, I can take a hint, two command officers ordering me is all I need!" Paris jumped up, took off and exited the office.




© 2024 Brad McDonald / U.S.S. Kitty Hawk
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