Authors: Sonni Cooper
"We must consider the motive and result of Lieutenant Commander Scott's actions. When accompanying Commander Spock, he was essentially following orders since Commander Spock was his commanding officer at the time. There were very beneficial consequences of their mission to Tomarii, not the least of which was the discovery of a trilithium crystal, a more powerful and efficient energy source than dilithium. This discovery and the possible treaty with the planet Paxas, where these crystals were discovered, will be useful to both the Federation and to the people of Paxas. These discoveries will strengthen our forces and give us bases closer to the Klingon Empire, assuring us advance warning of possible attack.
"But the most important result was the discovery of the planet Tomarii and of the extensive Tomariian Empire, of which we were not at all aware. Their threat to peaceful planets is enormous and can now be countered. If Lieutenant Commander Scott and Commander Spock had not taken this initiative, we might have been fully unprepared to deal with this new menance."
As Janest concluded her argument, Kirk nodded approval to McCoy and smiled for the first time that day.
"Before we convene for a decision on Lieutenant Commander Scott's case," Pierce continued, "we will proceed with Commander Spock's." He addressed the prosecuting attorney: "Commander Bragg, you may proceed."
Bragg turned to face Spock. He stood directly in front of the Vulcan as he began his interrogation.
"Commander Spock, on Stardate 5505.6, did youâwithout authorizationâboard the cruiser
Raven
and leave Starbase 12 for an unknown destination without clearance?"
"Yes, sir. I did."
"Did you break Starfleet Order 8711KR and contact the Romulan and Klingon empires, warning them of the danger of the Tomariians?"
"Yes."
"You were aware that your action constituted an act of treason, were you not?"
"I was cognizant of the order against such contact and of the consequences of my action."
"The prosecution will now call its witnesses, Commander Spock. You have the right to cross-examine them, if you wish."
"I understand the procedure," Spock acknowledged.
"Commander Alexander Leonidas, will you take the stand?"
The computer summarized Leonidas's service record as he took his seat. Commander Bragg proceeded.
"Commander, you are currently serving as first officer on board the
Enterprise
, are you not?"
"Yes, sir."
"In that capacity, did you not advise Captain Kirk of the danger of bringing the
Enterprise
to the planet Tomarii for a rescue attempt?"
"Yes, I did, sir."
"And did he take your advice?"
"No, sir. But it is his prerogative as superior officer to make the final decision."
"Did the captain risk the ship and the entire crew to complete the rescue?"
"Yes, but he succeeded with no loss of personnel or property."
"Just answer the questions, Commander," Pierce directed.
Leonidas nodded.
"In what condition did you find Commander Spock when you reached the planet?"
The first officer glanced at Kirk before he answered. "He was paralyzed, sir."
"In your opinion, Commander Leonidas, could Commander Spock have completed his
so called
mission of informing Starfleet of the Tomariian threat if the
Enterprise
had not interceded?"
"No, sir."
"Then his whole venture would have been fruitless if not for Captain Kirk's rescue?"
"Yes, as far as I could determine. I logged my opinion, sir."
"That will be all, Commander."
Pierce looked to Spock, who indicated that he wished no cross-examination.
It took all of Kirk's restraint to refrain from interrupting the proceedings with heated objections; all he could do was sit and wait.
His testimony finished, Leonidas stepped down from the witness chair and took a seat in the rear of the room. As he passed the captain, he offered an apologetic shrug.
"Captain James T. Kirk, please take the stand."
With a firm stride Kirk stepped forward.
"Captain, did you have to rescue two of your commanders, risking an entire starship in the attempt?"
"I did follow them to Tomarii, sir. And there was a rescue attempt. But it was my decision to search for them. In a personal message to me, Mister Spock specifically requested that I not search for him. The search and rescue were entirely my responsibility. I am not on trial here, gentlemen. My actions have no bearing on Spock's case."
"On the contrary, Captain," Bragg insisted, "his actions precipitated yours. Commander Spock's action did cause you to jeopardize the
Enterprise
for his benefit."
"I wouldn't put it that way. We were retrieving members of our crew from a hostile planetâa routine Starfleet procedure."
"A matter of interpretation then, Captain?"
"If you prefer, Commodore." Kirk did not like the turn things were taking. "Sir," he interjected, turning to the bench, "I would like to make a statement."
"In defense of Commander Spock, Captain?" Pierce asked.
"Yes, sir."
"You will have that opportunity later, Captain, when the defense presents its case. Proceed, Commodore Bragg."
"Captain, did you not order Commander Spock to be confined to his quarters, and did he not subsequently leave them to contact the Romulan and Klingon empires, thereby committing an act of treason?"
"Technically, sir, I asked Spock if confinement to quarters was sufficient, if I remember my exact wording. It can be checked in the log. He agreed it was sufficient. I assumed he meant to stay in his quarters. My wording was not precise."
"Commander Spock knew exactly what you meant and chose to ignore it. Am I correct?"
"It could be interpreted that way," Kirk grudgingly agreed.
"Captain, you personally had Commander Spock placed in the brig after discovering his contact with the enemy empires, did you not?"
"Yes. Spock explained his reason for the contact at the time. He had allied with the Romulan and Klingon representatives who were also prisoners of the Tomariians. He had given his word as an ally that if he survived the others he would warn their respective empires of the danger. He kept his word. A Vulcan is compelled to, no matter what the personal consequences. In my opinion, he did not jeopardize the
Enterprise
by his action."
"By sending a subspace message to the enemy, Commander Spock gave the coordinates of the starship to them. Is that correct, Captain?"
"Yes, sir. But we were not attacked as a result of his breach of security."
"That is irrelevant, Captain. The fact is Commander Spock willfully committed an act of treason fully cognizant of the possible consequences of that act. You recognized that fact when you had him imprisoned on board the
Enterprise
immediately following the incident. Am I correct?"
Forced into the position of having to support his action, Kirk could only reply, "Yes, sir, I did."
"Thank you, Captain," Bragg said triumphantly. "One more thing, Captain Kirk. There was another incident in which Commander Spock took a Starfleet vessel, the U.S.S.
Enterprise
, and set a course for Talos IV, a planet forbidden Federation access. You do remember the incident, Captain?"
"Yes, sir. But there were no charges brought against the commander in that case. Spock acted on behalf of his former captain, who had been seriously injured and could be assisted only by the Talosians. Starfleet understood his motives and there was no action taken against him."
"He did, however, take the ship, Captain."
Kirk had to agree. "Yes, sir, he did."
Smugly, Bragg thanked the captain. "That will be all, Captain Kirk. Doctor Leonard McCoy, please take the stand."
Bragg continued his case. "Doctor McCoy, you issued a medical order to Commander Spock which he chose to defy, is that not correct?"
"Yes," McCoy said firmly.
"Did you warn him of the possible consequences of his action?"
"Yes, sir. It's all recorded in my medical log."
"Is it your opinion that Commander Spock took unnecessary risk and had little chance of completing his venture?"
"He had little chance medically, sir."
"When you found Commander Spock, what was his condition?"
"The sliver of metal embedded near his spine as a result of the explosion aboard the
Enterprise
had shifted, paralyzing him. He was also malnourished and anemic as a result of his confinement."
"Unable to act on behalf of Starfleet or himself, Doctor?"
"Yes."
Kirk envisioned a gag on McCoy in his frustration, as the doctor continued to support the case against Spock.
"Then it is your medical opinion that Commander Spock's venture was doomed to failure because of his physical condition?"
"Yes."
"That will be all, Doctor."
"Sir," McCoy directed to Commodore Pierce, "I wish to make a statement."
"You will be given the opportunity later, Doctor, when the defense presents its case. Do you have any further witnesses, Commodore Bragg?"
"No, sir, not at this time."
"We will proceed with the defense. Commander Spock, you may present your case."
Spock rose and approached the bench. "I have no defense, sir. I am technically guilty of the charges against me. I initiated the entire venture. I planned it and I take complete responsibility for my actions. I did what I believed to be in the best interest of Starfeet. It was a logical decision on my part, based on what I considered to be valid evidence. I make no excuses and I will accept your decision without question."
"You have no witnesses for the defense, Commander Spock?"
"That is correct, sir."
Kirk could contain his frustration no longer. He jumped up, addressing the bench. "Sir, I wish to make a statement in Spock's behalf."
"You are out of order, Captain."
McCoy tugged at Kirk's sleeve. "Sit down, Jim. You can't do any good by losing your temper."
"Somebody's got to come to his defense."
"I know," McCoy whispered, "but I don't think there's a damn thing we can do."
Commodore Clark glared at themâit became very quiet in the court.
"Court is adjourned," Pierce declared. "We will resume tomorrow at 0900 hours with a decision in both cases. Court is dismissed."
Spock remained a figure of calm in the center of the frenzied activity surrounding his detention and trial on Starbase 12. Both Kirk and McCoy were furious with him for not defending himself. They both stood in his cell, not knowing what to say.
The Vulcan refused to speak. He felt his point was made and wanted no further discussion. So they all sat silently, waiting for someone to speak, but no one did.
Spock was relieved when they left. His primary concern was for Scottâthe strongly hoped the engineer would be vindicated. As for himself, he would accept whatever decision the court made.
* * *
O-nine-hundred hours was approaching too quickly, or maybe it was taking too long in coming, Kirk wasn't sure which. Either way, he didn't face the day with much enthusiasm. He'd been up for hours, pacing the quarters he occupied at the base. He weighed the testimony, rethought the case, and went through it all yet again. If he were sittig on the judges' panel, he would be forced to find Spock guilty. Scott's case wasn't as clear-cut; he might be cleared if the court were lenient.
But what about Spock?
Kirk was counting on his own testimony to convince the judges of his officers' characters and abilities sufficiently to warrant light sentences, at least. He was vaguely disturbed by the seeming reticence of Starfleet on the issue of the Tomariian threat itself. After the full report had been presented to Starfleet, Kirk had been expecting orders for a mission to defuse or counter the now-evident menace this remote civilization presented to the Federation. Now the outcome of the hearing took precedence. Kirk put on his dress uniform and joined McCoy on the way to the courtroom.
When they arrived, Spock and Scott, along with Ellen Janest, were already seated. The bench was still unoccupied. The courtroom was full of familiar faces, since every member of the
Enterprise
crew who could be present was there.
The judges entered. Kirk tried to read the decisions on their faces, but long years of practice had taught them to mask their emotions. After they were seated, Commodore Pierce asked Scott to rise and approach the bench. He got directly to the business at hand.
"Lieutenant Commander Montgomery Scott, the court finds you NOT GUILTY of the charges and specifications filed against you. However, we do feel a reprimand is in order since you did take part in the venture. The court orders a one-year flight suspension, during which time you will teach at the Academy facilities on Starbase 3. Further, there is a reduction in rank to lieutenant. You are ordered to report to your new duty assignment immediately. That will be all."
Scott sighed in relief, and smiled at Kirk. The engineer felt that a one-year flight suspension was tolerableâhe could keep up with his engineering journals, and teaching might be an interesting change of pace for a while. The lowering of rank didn't bother him at all. He had come up from the ranks once and he was confident he could do it again before retirement.
Scott returned to his seat and shook the hand of his very pleased lawyer. When he looked at Spock, his contentment diminished.
Standing at attention, Spock faced the bench. Commodore Pierce stood to read the verdict. "Commander Spock, the court finds you GUILTY as charged."
Kirk flinched when he heard the words. He watched the muscles in Spock's back contract. It was the only sign Spock gave of his feelings, and that was imperceptible to anyone but Kirk.
Pierce continued, "Your sentence is based upon your own admission of guilt, as well as the evidence presented against you. You will serve five years at the Starfleet Correctional and Rehabilitation Center on Minos. Sentence to begin immediately. After you have served your sentence, you will be barred from participation in all Starfleet actions and access to its facilities."