Trial - Part 2
Posted on 01 Jan 2016 @ 5:51am by Commodore Da`nal of the House of Varal & Commander Nicholas Means & Captain Ricardo (Rico) Montoya & Commander Travis Stone & Lieutenant Commander Michael Garabaldi & Lieutenant Commander Alorha Grange & Lieutenant Commander Alanna Wells & Major Richard Sharpe & Lieutenant Kordah Himars & Ensign Karrak & Federation Ambassador Ayren Kelan
Edited on on 01 Jan 2016 @ 5:52am
1,089 words; about a 5 minute read
Mission:
M13-C: Shattered Time
Location: USS Achilles - Hearing Room
[Chambers]
The three presiding officers where discussing other things an crewman entered and cleared his throat. "Excuse me ma'am...gentlemen, it's time."
Nick looked to the crewman and thanked her before turning to his fellow officers. "Well let's get this show on the road. Commander T'Ran, if you'd take the position to my left...and Major if you'd take the right."
[Hearing Room]
T'Ran merely nodded and moved to the indicated position, taking her seat. She poured her glass cup half full of water and half full of the spice tea prepared for her.
Once seated Cmdr Means took a sip from the water set out for them and then picked up the small rod and rang the bell in front of him. "This general court-martial is called to order. Normally in situation like this the senior officer would preside however Commodore Da`nal has recused himself due to his personal affiliation to the victim in this case.
"Commander Stone, you have brought the following charges against Lt. Elas Vonti; Insubordination, Failure to obey a lawful order, Assault with intent, and Violation of medical-psionic ethical standards. Is this correct?"
Travis stood up, making sure to catch the eye and attention of all present. His figure was a little more imposing today being confined to the formal dress uniform, and extra attention had been paid to make sure all details were correct in his appearance. Mentally, he made a note he had never been this overdressed as a Marine, and regretted that loss. As he spoke, it was clear, calm, and commanding. "That is correct, your honor."
"Commander Montoya, The plea on these charges?"
Lt. Commander Rico stood. "Your honor, before we proceed I move that the charge of insubordination be dismissed."
Travis smiled at that one, he knew something like this would have to have been attempted, fortunately he was ready for this one. For the moment, he allowed the objection to proceed unhindered.
Means glanced to his fellows before returning his gaze to the accused's council. "On what grounds?"
Rico stood their next to his client; calm, cool, collected, and confident. "Duplication of charges your honors. Insubordination and Failure to Obey are essentially the same offence. The articles for these offenses are written in such a manner that the scope of said articles would allow for a member to be charged with one when unable to be charged under the other, but not both."
Commander Means activated the small console and reviewed the articles for Insubordination and Failure to Obey. "To be charged with insubordination one must either strike, disobey, or treat a superior with contempt or disrespect in language or deportment. Commander Stone, as you have filed a separate change for disobeying an order as well as assault do you have evidence that Lt. Vonti was disrespectful to a superior in word or mannerism?"
"Mr. President. As you stated, the charge for insubordination also includes contempt as well as disrespect. Contempt was displayed in multiple stages not only in the actions leading up to the psychic assault, specifically that he decided on his own to stop taking his medication as ordered without any consultation, but further review of his time in sickbay before the implantation of the inhibitor shows that he was attempting to manipulate a security officer. The evidence is in exhibit delta and verified by a scan of the officer, in concurrence with the Chief Medical Officer at the time." Travis paused for a breath.
"I submit that there is sufficient evidence to prove assault AND insubordination independently by action." He finished the discussion, and stayed standing to hear the decision of the Panel.
After a quick review of the sited exhibit he shook his head. "While the medical data does show elevated neurological activity, such a charge would mean that Lt. Vonti was aware of his environment and be able to consciously manipulate that environment while under heavy sedation; something never recorded. Additionally, said security officer has made no complaint that would lead to any charges, nor was he a superior officer that Lt. Vonti could be insubordinate to. Mr. Vonti's failure to take his medication, and the 'contempt' associated with that act, is the directly address in the charge of failure to obey and I see no separate act that would support the charge of insubordination.
"However, I will depend on the plea on the charge of failure to obey to see if the same evidence rule is to apply. Commander Rico, the plea on said charge?"
Still standing, he glanced to his 'client', "Guilty your honor...provisionally."
"So entered. With a guilty plea, even with a provision, that eliminates the ability of the disobedience portion of insubordination to be applied. That charge is dismissed. Your plea on the remaining charges?"
Before Rico could reply the ship's klaxon's sounded and the amber lights of a red alert filled the room followed by the voice of the ship's Chief Operations Officer. "All hands report to station. This is not a drill." clear and to the point, then repeated command and request the senior staff to the Bridge.
Da`nal was already on his feet. Now wasn't the time for questions but action as a red alert was not ordered without cause. "Commander's get to your ships; Senior officers report to the bridge!"
Before the second klaxon cycle, Garibaldi was on his feet. "I hate cliffhangers," he muttered. Turning to Alanna he smiled. "See ya 'round," and bolted for the nearest tram.
Alanna was a little slower in responding. She didn't run for the tram or turbolift, but she did make a hasty exit so she could get back to the bridge as ordered.
Both Commander Montoya and Means had been beamed away to their ships and with his everyone else departing and following his instructions he motioned for security to move in. "Return him to the brig and then get to your stations." As they moved off with Vonti in tow he quickly looked over to his XO and tapped his commbadge. "Computer, site to site transport. Two to the bridge, aft station."
Ensign Karrak also left when the red alert klaxon sounded, and went to his station on the Achilles.
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Commodore Da`nal
CO - USS Achilles
Commander Ricardo Montoya
CO - USS Berlin
Defense Council
Commander Nick Means
CO - USS Freedom
Presiding
Major Richard Sharpe
MCO
Presiding
Commander Travis Stone
XO - USS Achilles
Acting Prosecutor
Lieutenant Alanna Wells
Chief Science Officer
USS Achilles
Ensign Karrak
Security Officer
USS Achilles