The Doctor had kept her bed-bound for three long days, most of which she thankfully did not remember. She had finally escaped sickbay constraining walls in the late afternoon, allowed to return to her quarters this time rather than the brig which was still under repairs. Even in the familiar environment, she was edgy, jumping at shadows for no reason she could fathom. When Kes had commed her, wanting to talk about the trial, she had welcomed her visit.
"I don't want you to fight the charges against me. I've already told Tuvok I am ready to take the stand as soon as possible," Kathryn said, pacing the room.
Kes was seated on the lounge, looking at her with that intense stare, the one she reserved for occasions when she knew a wrong was being perpetrated. It might have stopped Neelix in his tracks, but Kathryn was past worrying about the trial. She just hoped Kes was not going to blame herself for the predictable outcome.
"I thank you for what you've done for me, but nothing has changed. The trial is a distraction to the crew, and Chakotay needs to be confirmed as captain to deal with the Kazon. The sooner I am out of everybody's way, the better."
"You do not understand, Captain," Kes said. "I think the Doctor might have discovered something which could help your defence."
It was not so long ago that she had held Janeway's broken body in her arms, reassuring her that all the explosive had been purged from her blood and that she was not going to blow up her own ship. Now, Kes faced the same depth of stubbornness and self-sacrifice that had sustained the Captain while in the hands of the Kazon. This was a woman with only one goal in life since she'd arrived in what she called the Delta quadrant, and she was unconditionally willing to accept public disgrace, prison and even death, so her crew would get back to their far away home. Changing her mind about her plea was not going to be an easy task.
Nevertheless, Kes continued, hands folded in her lap, as resolute as her friend.
"Between your guilty plea and then your abduction, nobody has been looking any further into the evidence, but I thought there might be more to it. Yesterday, I asked the Doctor for Suder's medical records. His neural scan from two years ago, when the Maquis crew joined Voyager, showed he had none of the physical or mental attributes associated with being a Betazoid. His medical interview at the time confirms that, and last year's routine medical did not indicate any change in what would be a lifelong disability for a member of his species."
Kathryn chastised herself for not realising earlier how Kes' natural empathy must have been deeply affected by what had happened on Voyager, with the impact of Suder's mind control and a crew traumatised by Seska's litany of lies. She sat down near the young woman and held her hands.
"I already knew that. Chakotay told me months ago when we were discussing the need for a medical assistant to the EMH. I asked him about the Betazoids on his crew and he told me the only one was Suder and that he had no mental powers whatsoever. I am really grateful for your determination in trying to help me, but there is nothing more you can do. I killed Suder and it's best if it stays at that."
Kes squeezed Kathryn's hands tight, deciding to try an different tack. "When Lieutenant Tuvok requested I become your Counsel, I asked him how criminal investigations were conducted in the Federation. We do not have much crime among the Ocampa. I was curious."
Kathryn had to smile at the young woman's admission. The least she could so was to listen to her, even though there was very little likelihood that what Kes had found would withstand a challenge by the prosecution.
Taking Janeway's smile as an encouragement, Kes resumed telling of her conversation with Voyager's Chief of Security. "He told me the key concepts the prosecution had to uncover were means, motive, and opportunity. In your case, it was the motive which was eluding him, but he said that a jury could still find you guilty without one, especially as you had already confessed to the crime. Yet, I wondered about it."
The young woman face grew pensive. "I asked the Doctor if we could do a second post-mortem on Suder. The first one had only be done to confirm how the man had died."
A radiant smile illuminated her face. "The Doctor found something, Captain. Something extraordinary. Suder's brain at the time of his death showed the enlarged areas of a fully functioning telepathic Betazoid."
Her smile dimmed, watching with concern as the Captain pulled away, her face growing pale.
"That does not change anything," Kathryn said, leaving the couch. "There is no way to prove Suder could use his mental powers, or for what purpose. It's irrelevant. Ayala will rip into the Doctor's evidence." She walked to the window and put her hand of her hip, looking at the starts streaking by outside.
"That's not all, Captain." Kes added, shaking her head. She was on the right track. The Captain had not denied her findings about Suder's abilities.
"The Doctor had taken samples and standard readings of the body before starting the first autopsy, but he hadn't analysed them in depth. We went back to that data and found Suder had elevated concentrations of very specific neurotransmitters. The Doctor says that those levels are strongly indicative of a long-term psychopathology. We checked Suder's past medical charts and found that his readings have remained high for the whole time he was on Voyager, while those of other Maquis crewmen have declined significantly since they settled on the ship."
Kathryn turned around to face the young woman. "I don't understand," she said, eyes narrowing.
"The Doctor believes that Suder had pre-existing and deep-seated psychopathic tendencies to violence. I have asked some of his Maquis comrades about him, and they've told me he was sometimes too good as what he was doing. That he liked killing." Kes shuddered at the thought.
"The darkness I sensed that day. I am now sure that it was his terrible thoughts I felt. I only had a glimpse at his mind from far away, but you and Commander Chakotay were on the bridge with him, so much closer," Kes said, her face showing only compassion.
"What did he do, Captain? What did he put in your mind that compelled you to kill him?"
"And somehow, since the last neural scan he undertook following a minor altercation with another crew member a few weeks ago, Crewman Suder regained his inherited Betazoid capabilities. That is the only explanation for the sudden development of the brain areas typical of his species. I can only speculate that those abilities had been suppressed for most of his life through a childhood accident or trauma."
The EMH paused, savouring the attention. The cargo bay was packed for the second day of the Captain's trial. Seska's treachery and Janeway's ordeal in the hands of the Kazon were on everybody's lips. Without the Cardassian's poisonous words throwing Maquis against 'fleeters, the feelings of the crew towards Janeway were in disarray. How could she have killed one of their own one day, and tried to save the ship less than a week later? The promise of a breakthrough at her trial was too much to bear and they were eagerly waiting for the EMH to conclude his evidence.
"Please continue with your statement," Tuvok said in a voice bordering on the impatient.
The Doctor's self-satisfied smile faded on the large wall screen. "Yes, of course. Well, I had many breathing and living casualties to deal with, which took most of my time, and it's only much later on —"
"Doctor, if you do not keep to the facts concerning this trial, and only those, I will indict you for wasting the court's time," Tuvok warned.
The hologram recoiled from the implied threat. "In summary, my analysis indicates that Mister Suder's psychopathy was recently boosted by a cumulative and self-sustaining feedback loop between his innate violence and his newly developed Betazoid abilities."
The jury members looked at each other, confused at the convoluted explanation. Kathryn glanced at Chakotay sitting at the front of the public rows. She watched in dismay as he clenched his fists, looking tightly wound up.
"Thank you Doctor. Your expertise is of great help." Kes said. "If I may summarise, at the time of his death, Crewman Suder was capable of not only controlling or influencing the minds of others but also of imposing violent thoughts on his victims. Is that your conclusion?"
"Yes," the EMH said with a triumphant smile. "That is exactly what the facts indicate."
Ayala stood up. "Objection, Your Honour. The EMH's evidence is circumstantial and based on nothing more than speculations. I move to have his entire deposition struck off the record."
The EMH puffed and huffed on the screen which was linking him to the court room from sickbay. The crowd directed some hard stares at the prosecuting officer. Kes was the only one who did not seem ruffled by Ayala's comments.
"Overruled. The Doctor has made it clear when he presented the facts, and when he made logical inference from those," Tuvok countered.
Ayala sat down, nodding at Kes who took up where she had left off. "Doctor, what do you think originally triggered the rise of Suder's mental abilities?"
"That I cannot say," the EMH answered with a frown. "The only thing I can be certain of is that whatever the cause, it occurred very recently. Three or four weeks at most."
Kathryn stared as Tuvok almost dropped his gavel. Nobody else than her seemed to notice his lapse in concentration, as he gathered himself quickly.
"One more thing, Doctor," Kes said. "Can you tell us what Crewman Suder's mental powers would have become if he had lived?"
"It is my medical opinion that if the Captain had not stopped him, his powers would have increased exponentially and we would have had a homicidal monster on the loose among the crew. I shudder to think of the consequences. The Captain's actions saved this ship."
"Objection, Your Honour. The Doctor is clearly speculating," Ayala belatedly interjected.
Tuvok nodded. "Sustained. Counsel, please refrain from asking your witnesses for mere opinions."
"Yes, Your Honour," Kes said. "Thank you Doctor for your deposition. I now call Captain Janeway to the stand."
The EMH disappeared from the screen. The crew in attendance murmured among themselves. Many gave Kathryn a nod or a smile as she walked to the small bench near the jury. She kept her eyes averted, her thoughts moving from optimism to hopelessness at a speed she could not control anymore.
"Captain, please tell us what happened the afternoon of the Kazon attack, when you, Commander Chakotay and the repair team Crewman Suder was part of, became isolated on the bridge."
Kathryn looked straight at Chakotay, sitting so very still. "The five Kazon had surrendered and Commander Chakotay had confiscated their weapons. Two crew members were dead. Ensign Kim was unconscious, although at the time I thought he had been killed too. Crewman Suder was badly injured but alert. The bridge was still in lockdown but I had managed to raise Tuvok and let him know we had the bridge under control. The Kazon ship had retreated. There were no more threats."
Chakotay leaned forward, concentrating on her every word.
"That's when I felt thoughts of vengeance and carnage forced into my mind, and then Commander Chakotay's. I realised it had to be Suder. He was watching us, trying to control us. He wanted us to kill the Kazon prisoners. To slaughter them while they were unarmed and overpowered, so that we could be free from rules of conduct he believed were harming the ship."
She had not seen Chakotay since Seska's attempt to lure him into a doomed alliance with the Kazon. Tuvok must have reminded him that court protocols prevented witness and accused from talking to each other. She did not know how much he remembered of that tragic afternoon on the bridge. How could she tell all gathered here about tasting his anger, his thoughts of revenge, even as he fought them?
Kathryn let her voice rise. "Suder thought the only way the crew would survive the long journey home was to renounce who we are and embrace the violence that lurks within each of us. He wanted to teach us to enjoy killing so it would become easier for us to do the same in the future. I just could not let that happen. I am sorry I killed him. I reacted too hastily. I should have switched my phaser to stun. But I am not sorry to have stopped him, so we would not become like him. Twisted and brutal."
The packed room had fallen silent, as if all in attendance had stopped breathing. The last thing she had wanted to do was to make a speech, but she needed Chakotay to know what Suder had forced on him.
He was no longer looking at her.
Other questions were put to her by both Kes and Ayala, and she replied without remembering the details of her answers. She returned to her seat near Kes. No other witnesses were called and Tuvok summarised the case to the jury, but she did not listen to his arguments. She was feeling numb and empty, her thoughts now adrift.
She heard the jury being sent away to deliberate, then their return a mere moment later, it seemed. The 'not guilty' verdict resonated within the room. She looked up, and as if on cue, the stomping started, the same pounding which had heralded her fate only a few days before. Her heart run ahead of the loud rhythm, even as she heard the clapping and cheers.
His voice rising above the din, Tuvok declared the Captain acquitted of all charges and the case dismissed. Kes hugged Kathryn tightly. She remained at her side as if sensing her restlessness. Crew members approached them with words of thanks and distress at what their captain had endured, ending a sad and dark episode of the ship's journey that very few wanted to revisit.
While thanking everybody, Kathryn looked around. Chakotay's chair was empty. Why could not she let herself believe that the nightmare was gone for good.