Pre-Trial..Defense Planning
Posted on 19 Dec 2015 @ 12:38pm by Captain Ricardo (Rico) Montoya
866 words; about a 4 minute read
Mission:
M13-C: Shattered Time
Location: Brig
[Brig]
Rico sat with Vonti in his cell as they planned the course of action they would take when it came to the hearing. "Commander Stone has leveled an array of charges against you and I am ready to defend you to the hilt on every last one of them. What I need to know is how you want to plead on each of them."
Of all the things Elas claimed knowledge and skill with, legal jargon and maneuvering had always bored him. Now he was at its mercy. His last trial had only saw him released due to Da'nal and the mission pulling strings as needed. What could he possibly hope for now. His people had literally and formally shunned him, he was a pariah to all.
"I hardly know what I'm charged with. I understand my actions, but what exact charges do they have?"
"The charges we have to deal with are; insubordination, which I think I can get dismissed, failure to obey a lawful order, assault with intent, and violation of medical-psionic ethical standards. How do you want to plead?"
Vonti had his own feelings on several fronts, he regarded Montoya with suspicion however. An unbiased defense lawyer was a dream at best, but with these charges and public opinion as it was how did he stand a chance?
"Well... for the first... Insubordination... if not dismissed then I am guilty of it."
"Thing is insubordination and failure to obey a lawful order is essentially the same charge. So let me get that tossed. What about the other charges."
"I would call into question the legality of the order I was forced to follow under duress. These are natural abilities, and I tried with three different medical offices to get research done into what was happening. At no time did anyone deign to help me. The Federation embraces diversity and should seek to understand me but instead I get a collar. What lawful order could possibly have chemical castration as part of the normal administration? Not guilty."
Rico's brow wrinkled. "You were ordered to take a inhibitor while you slept so that you didn't inadvertently attack someone while asleep. The fact that you didn't appeal that ruling back on Earth is acceptance of the ruling. If you want me to fight that fight I will, but it will be an impossible fight...legally."
Elas shrugged at that, but nodded his acceptance of the Commanders argument. "I assume for the third charge I am being held by Starfleet code and psionic ethical standards and not Ullian? If I am bound by Ullian law then I am guilt, otherwise, I would need to study the ethics in greater detail before confidently assessing myself."
"Well regardless of the specifics, you did enter another persons mind without permission. However according to your statement you did so in an effort to apologize. Why didn't you try other means?"
"I was ordered no to have any contact. You are right, could have sent a message in any number of ways! But..but none of them would be from me. Anything I sent would be second hand."
"OK. I can understand that and I think others would as well. Even though you technically are guilty I think with that e can keep you from any serious consequences. I can't see anyone blaming you for wanting to say your sorry. Now the second charge, which you skipped, of failure to obey. I would suggest guilty, but provisionally."
Vonti shook his head, he couldn't see where this guy was going with this. "Provisionally"
"Yes provisionally. There is legal precedent for starfleet officers that have not followed orders being given a second...even third chance. Any names come to mind?"
Vonti grinned at that. "Several actually...one in particular seems very relevant. But what about the assault charge?"
Rico leaned back slightly, "That ones easy. Not guilty."
Vonti replied in utter surprise. And how do you figure that! Ayren ended up in sickbay, again, be cause of me!"
"Simple. The charge is Assault with intent...intent to do what? Apologize??? If the charge was assault that would be one thing but in this case Commander Stone over charged. Why I don't know but he has to be able to prove you intended to do harm. Did you?"
"NO!"
"Alright then; all the more reason to plead not guilty." Rico put a hand on his Vonti's shoulder using his own Deltan empathic abilities to reassure his client. "Trust me. So to recap I'm going to try to get the insubordination tossed, we will go with guilty on the ethics, provisionally guilty on the failure to obey, and not guilty on the assault with intent.
Rico nodded to the guard to let him out. He turned back toward his client once the security grid was back up. "Whatever happens you will get 100% of my efforts and you'll be happy to know...I've never lost." With that he turned and let the brig to make his final preparations for trial. Once in the corridor he let out a deep breath, "Never lost....never won either."
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Commander Ricardo 'Rico' Montoya
CO - USS Berlin
Defense Council
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