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Table of Contents
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With the question of the Maquis now decided, Starfleet forged ahead with the last, and perhaps the most difficult issue concerning the Voyager crew, those who came from the Equinox. This was a much more complex issue, to say the least. Since the Maquis were no longer in existence and those who served on the Voyager as crewpersons had left Starfleet prior to joining the Maquis, the issue was decidedly more clear-cut and therefore, easier to resolve. At least in the minds of most people it was and Starfleet had agreed. Besides, the service record of those in question while on board Voyager had been above reproach and, in most cases, quite commendable.
Not so with the Equinox crew. Their actions were very questionable prior to joining Voyager. The Equinox had been in a much different situation. Literally caught between a rock and a hard place, the small science ship had been devastated by an attack of the Krowtonan Guard. Equinox had lost thirty-nine of its crew of seventy-eight, including key personnel. However, they did not have any Maquis of their own to fill in the gaps. Beyond that, their ship was in shambles and without the right people, Starfleet or reliable repair facilities, the crew felt they would never return home.
Because of this, as they old saying goes, desperate people do desperate things. Captain Ransom initiated a program that meant destroying alien life forms in order to secure even a remote chance of returning to the Alpha Quadrant.
The crew was following orders, but questions remained. Should they have questioned those orders to the point of refusing to obey or even carried out a mutiny against him? Should they have removed him and his followers from command? The ship had a reduced crew already, so did it make sense to put the captain and others who supported him in the brig? If they did that, wouldn't it only further jeopardize their chances of returning home?
Those and many other questions would have to be answered before any of the Equinox crew could be cleared for duty. More importantly, any number of their actions, or inactions, could be considered serious enough to warrant prison sentences. Accordingly, all those issues would be considered in a formal courtroom setting.
This time around, Command chose to use a formal court martial but with fewer members of the court to streamline the process and all new personnel. Instead of a seven- or even a five-member court, there would be three. No one from any of the previous hearings, boards and panels which had reviewed Tom or the Maquis personnel would be involved with the Equinox case. Whether Command was looking for a fresh start or didn't want to allow the appearance of any preconceived notions of similar circumstances or severity of violations and subsequent punishment was anybody's guess. Generally, though, it was thought Command wanted no connection between the cases and various groups of people.
Therefore, the court martial would consist of the most senior and important officers. In addition, all would have extensive shipboard command experience which was considered essential in this particular case.
First to be selected was the Adjutant to the Admiral of the Fleet, Admiral Wilkinson. Next was the Judge Advocate General herself, Admiral Zafy who would also act as the president of the court. Last was the Chief of Starfleet Operations, Admiral Tal.
It was an impressive panel and their assignment to this particular court martial was perfectly understandable, given the circumstances. This was a serious situation and it had to be addressed in a manner that left no doubt as to how Command wanted it resolved; definitive and completely transparent. There would be no question of brushing it under the carpet or minimalizing it. This was at the core of how Starfleet was perceived and how it would be for generations to come.
In the courtroom, a fair number of Command personnel and civilians were gathered. The Command personnel represented a number of Federation agencies and divisions of Starfleet. Each was curious as to the outcome of the trial, to be sure, but the civilians were there for altogether different reasons.
First, several were family members of the Equinox crew and their presence was easy to understand. But the greatest majority of the civilians were present to 'keep an eye on things.' The Voyager crew was still considered celebrities and there was a keen interest concerning the fate of the celebrities. Mixed in with the civilians were a healthy number of representatives of the various news nets. The nets were there by design. Starfleet had invited them in an effort to keep the proceedings transparent and above board.
The members of the court sat on a raised platform at the front of the courtroom. Opposite of them were two tables. One table and its chairs were occupied by the judge advocate also known as the prosecutor. Most notable was the Andorian, Captain T'Chan and another captain, unknown by the defense team. Seated at the other table were Admiral Janeway and Tom Paris. With them was Captain Novozhilov, a JAG defense council. He was there by the insistence of the JAG office and Janeway herself. The JAG wanted to be sure there would not be a complaint that the defense was inadequate. Although Janeway was feeling rather good about her courtroom achievements so far, she welcomed the assistance of a court-wise professional. A formal court martial would be much different than the previous hearings and reviews. Tom would have been there by choice but also through an invitation from Janeway. The two were becoming a pretty good team. Besides, he was now a positive, visual example of the outcome of the previous courtroom visits. She felt strongly that his presence would have a positive impact on the court martial.
Of course, Tom would have it no other way as he wanted to show support for the Equinox crew. He knew how they felt, at least in some respects. Like him, they had made some bad choices but they weren't all really evil people. He had worked with them and felt he understood their situation, at least in part.
Before this day, Janeway did a lot of homework with the help of Tuvok, Kim, Chakotay and, of course, Tom. They checked all the records they could find on each one of the Equinox crewpersons. Tuvok had conducted extensive and detailed interviews of the defendants and cross referenced their depositions and after-action reports. Every major point of their part of the Equinox affair was studied. Following the investigation, he reviewed each case with Janeway, Paris and Novozhilov.
The more Tom heard, the more sympathetic he became. The Equinox crew had been in much worse shape than he had realized. Not only was their ship a barely functioning wreck, the crew morale was only a point or two above nil. Even if they had returned home, Captain Ransom and the others who instigated or simply participated in the harvesting of aliens as a fuel source, would be marked for life. It was the one aspect of the whole mess that Paris could not understand. The act of killing other beings, no matter how alien, went against everything he believed. The Equinox crew must have been really depressed, confused and desperate. However, in the last few months before encountering Voyager, a number of the crew were at a point where they no longer cared if they made it home or not. It was the complete opposite of Voyager's situation and that weighed heavily on the Equinox crew.
Now, though, they were home and ready to face a court martial. There were only five left out of a crew of seventy-eight and each one looked like a tired and trapped animal; sullen, quiet and even pitiful looking. Tom felt sorry for them and thought it would be a very long and difficult trial for them. Regardless of the outcome, they would always carry guilt and maybe even the proverbial mark of Caine for the rest of their lives. Whether they remained in Starfleet or not was anybody's guess. However, Tuvok computed the odds at much less than 50/50.
The Equinox crewmembers in question knew that, even though Tuvok had not shared the information with them. There was a general feeling among the Voyager crew and, even throughout Starfleet, that their chances were 'iffy' at best.
Even still, Tom tried to remain optimistic, at least up to the point when the court martial began. As the admirals were seated, he noted that each looked grim, at best. If that wasn't bad enough, there were Starfleet officers who occupied the 'interested parties' section. Each one was very quiet and stoic. Tom couldn't tell whether they were displaying a look of disinterest or just plain unhappy. Maybe they thought the Equinox people didn't deserve a chance for reinstatement or even a trial.
Out of curiosity, Tom turned to look at his fellow Voyager crewmembers and found they weren't smiling much either. He thought the grim attitude prevailed in the courtroom might just be contagious but hoped it wasn't permanent, or worse yet, fatal. Three sharp taps on the bell made Tom shake his last thought and refocus on the proceedings.
The admiral who still held the gavel looked as if he could win a fight with a Klingon, unarmed, now spoke in a deep basso voice. Wilkinson read a list of charges levied against the Equinox crew members. Maybe it was just the man's voice, or perhaps just hearing the actual charges listed back to back, but the words sounded harsh. "Against the surviving members of the U.S.S. Equinox, the following charges are hereby brought forth: violation of the prime directive; violation of standing Starfleet orders; conduct unbecoming an officer; failure to take action against those who violated the previously mentioned regulations; failure to report those violations to authorities; in this case the captain of the starship Voyager; aiding and abetting fellow crewpersons in actions which were in direct violation of Starfleet directives, orders and regulations." Taking a deep breath, Wilkinson looked at Janeway, Paris and Novozhilov. "Are the representatives for the defense of the accused ready?"
Janeway stood, "Yes, sir, we are. I speak for myself, Admiral Janeway, Captain Novozhilov and Lieutenant Paris."
Nodding slightly, the elderly admiral replied, "So noted and placed in the record." He then redirected his gaze slightly, "Is the prosecution ready?"
The Andorian spoke quietly, "Affirmative, Admiral, both myself, Captain T'Chan and Captain Bass. Also, Captain Bass will be assuming the position of judge advocate for Starfleet." Again, that was JAG office talk for Chief Prosecutor.
At this point, Janeway heard Novozhilov gasp quietly and turned to see if he was okay while Wilkinson acknowledged the declaration from the prosecution.
"So noted and entered into the record."
Whispering very quietly, 'Mike' said, "Bass is the 'troubleshooter' for the JAG office. He's a last-minute substitute. They must have brought him in just for this case. Usually he works cases associated with Federation members on important or 'show' cases. He's usually not seen around here very often. In fact, it's the first time I've seen him in a courtroom on Earth."
Paris swallowed hard and basically lost what little hope he had earlier. Starfleet was not taking any chances or pulling any punches. It really looked bad for the Equinox crew.
Wilkinson resumed, "Are all witnesses for the prosecution present?"
"Yes, sir," Bass replied confidently.
"And for the defense?"
"Yes, sir," Janeway firmly noted.
Now Wilkinson picked up a data padd and read, "The accused will please stand as I read your name and, for the record, respond to the charges previously stated. Marla Gilmore; guilty or not guilty?"
Standing slowly, Gilmore faced Wilkinson and responded in almost a whisper, "Not guilty, sir."
"Noah Lessing; guilty or not guilty?"
Lessing rose more quickly and answered firmly, "Not guilty, sir."
"James Morrow; guilty or not guilty?"
Morrow nearly popped out of his seat and responded positively. "Not guilty, sir."
"Brian Sofin; guilty or not guilty?"
Again, there was a more positive attitude, "Not guilty, sir."
"Angelo Tassoni; guilty or not guilty?"
In a clear voice, Tassoni spoke loudly, "Not guilty, sir."
Wilkinson nodded to the five defendants, "You may be seated."
Reorganizing his desktop, Wilkinson seemed distracted for a moment, finally refocusing. "This court will be conducted somewhat differently than usual, due to the extraordinary circumstances of the case before us. I must remind all visitors in the courtroom that you are guests of the court and therefore we expect each of you to observe correct procedure and decorum during these proceedings. If not, you will be removed with no option to return. Also, there will be no discussions with any of the defendants, their councils, the prosecution or the members of the court martial.
"I will now introduce the court starting with myself, Admiral Wilkinson, Adjutant to the Admiral of the Fleet. Seated to my left is the Judge Advocate General, Admiral Zafy, who is the president of the court and finally, at her left is Admiral Tal, Chief of Starfleet Operations."
Clearing his throat modestly, Wilkinson summed up the preliminaries with two more questions. "Does the prosecution have any objections to any of the court members?"
Paris blanched as Bass replied with a devilish grin, "No, sir."
"Does the defense object to any members of the court?"
Janeway was also studying Bass' face as she responded, "No. sir."
Wilkinson turned to address the president of the court, "Admiral Zafy?"
Zafy was a 'tough nut' by all reports. The Malagasy woman wore her medium-length hair tied back in a severe bun, little or no make-up and seemed to wear a constant and emotionless expression worthy of a Vulcan undertaker. Tom heard rumors that the lady was not one to attend social events unless her position or job required it. She rarely smiled and evidently today was one of the days she wasn't very happy about. "Today we embark on a truly unique voyage in this courtroom. Precedents may be set and many will claim this court martial will represent the final chapter in the return of Voyager's long ordeal. However, I want it understood that this proceeding is not to be tied to that journey except as necessary... when the facts demand it.
"I understand that Voyager's crew, including the accused who are the subjects of this court martial, are looked upon as celebrities of sorts. But in this court they are to be treated as any other person in Starfleet under similar circumstances, facing the charges we have enumerated. As Admiral Wilkinson has stated, there will be no vocalizations, out bursts, protests or other such behavior. Anyone wishing to address this court will do so within the acceptable procedures.
"Charges have been read and entered into the court record, as have the pleas of the accused. At this point the court will hear the opening statements starting with the prosecution." Zafy then sat back in her chair and looked at the prosecution team as if they were on trial. Maybe she had an expectation from them and was emphasizing that at the moment.
A very confident Bass stood and addressed the members of the court, rarely shifting his gaze. "The matter before this court is quite simple. The accused either initiated or assisted in the planned extermination of a unique life form in the Delta Quadrant while serving aboard the U.S.S. Equinox. They further compounded their guilt by not only failing to stop it or inform Captain Janeway but in also taking actions against the Voyager and its crew during their attempt to stop the murdering of aliens. The aliens were being used as fuel for the Equinox and I do not believe that there has been such egregious behavior recorded in the entire history of Starfleet. Nor can there be a defense of such behaviors regardless of circumstances unless it includes mental impartment as only an insane person could either conceive of or carry out such despicable behavior."
"Starting today, we will show that all five defendants acted in a manner that stains the usually outstanding record of Starfleet personnel and the service in general and must therefore be dealt with severely, not only to serve as an example to others so inclined, but to prove to everyone that Starfleet is not made up of such people nor will it tolerate them in its ranks. We will present evidence which is irrefutable and has been obtained through the testimony of Voyager's crew, logs and reports. We will also note the specific behaviors of the accused which illustrates, beyond a shadow of doubt, their complicity and therefore their guilt outlined in the charges read by the court. We will also prove to the Federation Council, member systems, planets and protectorates, that Starfleet is not above the law and that the Federation members need not fear Starfleet. They may rest assured in the knowledge that any and all such behavior will not be tolerated and will also be justly and swiftly dealt with."
Bass finally retook his seat, but not before turning to face Janeway with a smirk of satisfaction. She wanted to give the man a high flying kick in the abdomen but thought better of it.
Zafy remained motionless and emotionless, "Defense?"
Rising quickly, Janeway adopted a less accusatory manner and moved about, slowly to address the courtroom as a whole. Choosing her words carefully and speaking quieter, she began with a smile. "I agree with the prosecution, at least on some points. We are going to set precedents with this case and there will be consequences for certain actions that are not only in direct opposition to Starfleet regulations and procedures, but also an insult to humanity as a whole. I will not attempt to make excuses for such behavior nor will I minimize it. But the reason this case will set precedents and prove that Starfleet does operate within acceptable parameters of behavior is not in condemning these five crewpersons as a group.
"Throughout the history of Earth, as well as other Federation planetary members, there have been examples of condemning groups or even entire races without justification, proper hearings or with a chance for the accused to defend themselves. This was done due to prejudices, bigotry, fear, misunderstanding and unimaginable hatred for one reason or another.
"The judge advocate would have us believe that if one of the accused here is guilty, then all are guilty by association. That sounds an awful lot like a prejudice which should also be condemned by Starfleet. Even more so as it is being presented in a court where all such suppositions should be ruled inadmissible.
"The court knows that I am not a lawyer. I do not work for the JAG office. I have no training in legal matters as such. So I have the assistance of Captain Novozhilov to help me. I will do my best to adhere to proper court procedure and will bow to Captain Novozhilov's suggestions whenever he feels I should. But I do know this much, I know what is right and wrong. I do know, based on my service in Starfleet and as a command officer, that each person has the right to be heard and deserves a chance to defend their actions no matter how it may sound to others.
"What happened aboard the Equinox would be intolerable on any ship in Starfleet. We must ask ourselves how it happened on the Equinox, why it continued to happen and why, apparently, no one tried to stop it.
"Lastly, I ask for everyone, those in the JAG office, Command and even the civilians, to avoid the ago old trap of condemning before all the facts are presented within this courtroom setting. I also ask that you hear out my defense before passing judgement on all the defendants."
Satisfied, she sat and relaxed, knowing she made her points and was comfortable, at least so far, with her performance of duty as a member of the defense team. She looked at Novozhilov and noticed the old Russian litigator was smiling and nodding. "Well done, Admiral." His voice was both quiet and yet impressive at the same time. "Good first step."
Zafy now leaned forward. "The court will now entertain any motions at this time."
Bass popped up like an ancient jack-in-the-box toy. "If it pleases the court, I would like a ruling on all the evidence derived from the extracts of both the ships and personal logs of Voyager."
Looking directly at Janeway, Zafy asked, "Any objections from the defense?"
Janeway maintained her pleasant manner, "None, Admiral."
"Also," Bass continued, "We'd like a ruling on the inclusion of the various mission debriefings and after action reports conducted by security, Starfleet Intelligence and all official records pertaining therein."
"Defense?"
"No objections, sir."
"So ordered," Zafy declared.
"And finally, your honor, we would like to remind the defense council, Admiral Janeway, that she may be called upon to give testimony, not only for the defense but for the prosecution as well. Does she foresee any difficulties in this regard?"
Bass was being obnoxious and trying to 'score points' in court before the trial actually began. She was having none of it and was about to speak when Zafy cleared her throat, "Defense, will that be a problem?"
Smiling, Janeway laid her pleasant manner on thick. "Not at all, Admiral, nor will my position as part of the defense be a 'conflict of interest.' And I trust that the judge advocate will not have a problem with seeing my clients as individuals and not as a group." She turned to face Bass and smiled politely.
Bass smiled back through clinched teeth, "Not at all, Admiral Janeway."
If Bass had fired the first shot, Janeway had replied in kind and maybe even 'bested' the best JAG had.
Definitely not amused and more than a little annoyed, Zafy glared at both of them. "Councils will direct their questions and comments to the bench and not each other." Then to Janeway she added, "And the defense council may wish to consult with her colleague regarding acceptable courtroom behavior at this time."
Janeway wanted to respond in the worst way but mentally bit her tongue instead. No sense in getting the president of the court agitated this early in the trial, there would be plenty of time, later.
"Meanwhile," Zafy continued, "Does the defense have any motions to bring to the court?"
This time Novozhilov stood and spoke. "Will the court rule on the admission of the complete service records and performance evaluations of the accused?"
Zafy seemed to 'ease up' a little, "Yes, Captain, they will be admitted."
"Does that include their time on board Voyager or just the Equinox?" Bass was being... himself again.
Janeway started to jump up and do battle when Novozhilov put a firm muscular hand on her shoulder to restrain her. Then he responded, "We will be content with the records of the Equinox up to the point of it being transported to the Delta Quadrant, since all other records afterwards were lost. As for their time on the Voyager, it is already entered, is it not?" Novozhilov smiled smugly at Bass.
Once again, Zafy was becoming agitated however the big Russian still pressed the issue. "But learned council already knew that." Now Novozhilov smiled like the Cheshire cat, he had made the point.
"Anything else?" Zafy's voice was laced with frustration and she did little to hide it.
"Actually, yes, there is one more item. Defense would like a ruling on the pretrial motion concerning the admission of the debriefings and depositions conducted by the crew of Voyager, particularly those conducted by Admiral Janeway. We wish to be certain that there will be no claim of a conflict of interest by the prosecution during the proceedings."
The president of the court was being tested again but ruled favorably. "All debriefings and depositions are admissible by this court."
Then Novozhilov did something unexpected. "Defense would like to know if the prosecution has any reservations regarding the Voyager crew's depositions and debriefings, particularly those completed by Admiral Janeway."
Unusually cordial this time, Zafy was perhaps intrigued by the question and the issue it raised. "Does the judge advocate have any such reservations?"
Janeway caught herself smiling outwardly. Her defense associate was shining bright and she was very confident that he was on her side and not the prosecution. If Bass said he was not concerned and that there was no conflict of interest, then Janeway would have free reign regarding all testimony. If he claimed a conflict of interest, then Bass would lose a great deal of testimony that he had probably based his case on. Also, it would indicate he was prejudiced and the members of the court martial might dismiss him. That would be perceived as a blow to his status and maybe even lead to ridicule by his peers.
Novozhilov was standing firm and confident, eyes locked on Zafy's.
Right now, Janeway could almost hear Bass sweating. He was in a tough spot.
After what seemed like an eternity, Bass responded, losing his usual swagger and confidence. "No reservations; we accept it as presented to the court."
Now Janeway felt very good. Having Mikhail on her team meant that the Equinox crew really would have a fair chance.
The members of the court now began sorting through multiple data padds regarding the case and there were some quiet conversations not audible to anyone else.
At this point, Zafy looked at Bass. "Is the judge advocate ready to present its case at this time?"
"Prosecution is ready."
"Very well, you may proceed."
Bass stood and moved to the front of the room, "Prosecution calls, Lieutenant Thomas Eugene Paris to the stand."
The maneuver caught everyone off guard, especially Tom himself. Just what did the prosecution want with him? Not waiting for a second call, Tom moved quickly to the witness stand and tried to prepare himself for... whatever.
Moving quickly, Bass stood before Paris, smiling. Tom had the feeling that Bass was wearing the smile as the cat that was just waiting to eat the canary.
Janeway started to worry. What was he up to?
"Lieutenant Paris, first let me congratulate you on your prior courtroom appearances. You have been cleared by the civilian authorities and reinstated to your current rank by Starfleet."
Not easily flattered, Paris wondered if Bass was trying to make him look bad by mentioning his previous hearings. "Thank you," he said flatly.
While Bass formulated his next question, Janeway whispered to Novozhilov, "What's he up to?"
"First the molasses, then the vinegar," he explained in a whisper.
Now Bass started his questioning in earnest. "During your service aboard Voyager, did you ever work with any of the defendants?"
"Yes."
"Did you find them easy to work with?"
"They performed their duties."
"Would you work with them again?"
Paris frowned, "I thought that's what this court was supposed to determine."
There were a few muffled snickers in the room which the court ignored.
"Well, if they are reinstated by this court, will you work with them?"
"I just said I had before."
"Then you don't mind what they've done?"
Now Tom was worried and felt trapped. No matter how he answered, it might be taken out of context or misunderstood, "What, exactly?
Bass smiled at the answer. "Well, let's put it a different way, Lieutenant. Do you like them?"
"I'm not sure."
"You would work with someone you didn't like?"
"That happens in Starfleet sometimes."
"And you manage to work with people you don't like?"
"Sometimes I change my mind."
"Really? You can learn to like somebody you didn't previously care for?"
Smiling, Paris responded, "Absolutely, Voyager's chief engineer."
"And you like that person now?"
"I should hope so... we're married."
Evidently, his late arrival had caused Bass to miss that detail. There was mild laughter in the room which died off quickly after a cold stare from Zafy.
'Well done, Tom,' Janeway thought.
Embarrassed, Bass became tougher, "Then you would be fine with working with the defendants?"
"As I said, I have before."
"Then you are... comfortable with them remaining in Starfleet?"
At this point, Novozhilov stood up abruptly. "May it please this court, I object to this line of questioning. What exactly does the prosecution want Mister Paris to say? If you will excuse the unintended pun, is Mr. Bass on a fishing expedition?"
Again there was some subdued laughter, but it was brief. Never the less, Bass was irritated and was about to 'retaliate' when Zafy ruled on the objection.
"The court finds itself in agreement with the defense. Get to the point, prosecution."
Bass tried to recover from misstep with a slight smile. "I believe I've covered everything I wanted to. No further questions."
Zafy looked at the defense team, "Do you wish to question Mister Paris?"
"Not at this time," 'Mike' answered.
Tom Paris quickly returned to his place at Janeway's side and whispered, "What was that all about?"
Novozhilov responded and spoke to the admiral quietly. "He was trying to make Tom say he didn't like the Equinox crew. Once he established that, he would ask Tom why and hope Tom would say something about their use of aliens for fuel." He looked at Paris and smiled, "You were very good, Lieutenant. If all the other witnesses do as well, we should have no trouble."
The rest of the day was spent in much the same way, with Bass being more of a pain than usual. He questioned Chakotay, Doc, Tuvok and Kim. However, he skipped Torres, perhaps to avoid any further embarrassment concerning her marriage to Tom.
Very little was revealed except that Voyager's crew would not give Bass what he wanted.
Frustrated and a little more than agitated, the judge advocate ended the day on a note of optimism. He promised the dismayed president of the court that he would begin questioning the defendants.
Following that, Zafy rapped the gavel to dismiss the court and the courtroom emptied quickly as if the day had left a bad taste in everybody's mouth.
Outside the large room, the Voyager crew gathered with Novozhilov. He was the first to speak and his words caught Janeway and the others off guard. "Starting with Mister Paris and including the rest of you who testified today, I must say I am very pleased with everyone. Prosecution had to regroup some and, since he will be concentrating on the defendants, you will probably not be called on. However, if you are, I'm sure you'll do just fine."
The Russian then turned to face Janeway, "We need to prepare for tomorrow."
"Understood, Captain." She then addressed her crew. "Duty calls, people. You'll have to celebrate without me this time. Tom, you're with me."
Paris gave B'Elanna a quick kiss and fell into step behind Novozhilov and Janeway who were already in motion."
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© 2024 Brad McDonald / U.S.S. Kitty Hawk
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