Simon and T'Lara headed to T'Lara's office to discuss the developments of the case so far. They sat down, and Simon said, "I take it by Captain Johnson's reaction to the proceedings that we're winning."

"While it is premature to declare victory at this moment, as unexpected developments can occur, it does look favorable at present."

"That's the first good news I've had in a month," said Simon tiredly.

"We need to discuss whether or not you will testify. You are not required to, and there are certain risks if you do. There are benefits as well."

"Such as?" asked Simon.

"If you take the stand, you may no longer invoke the privilege against self-incrimination. When Captain Johnson cross-examines you, you must answer his questions. You have seen from this morning's session in court what a cross-examination can do. However, if you decide to take the stand, you will have a chance to tell your story to the court. The judges may be swayed by a face being put to the issue. It would be illogical to ignore the potential for an emotional appeal in making the decision of whether or not to testify."

"What do you think I should do?"

T'Lara thought for a moment. She was torn. She could get a not guilty verdict without Simon testifying, but it would be based on a technicality. In order to get the precedent, Crewman Tarses would have to take the stand. She said, "I think that you should do whatever would make you feel the most comfortable. In the end, the decision must be yours."

Simon swallowed hard and said, "I'll testify."

T'Lara spent the rest of the recess coaching Simon on how to hold up under cross examination. They then headed back to the courtroom and the proceedings continued.

Captain Johnson said, "Your Honors, the prosecution has no further witnesses."

Shriall said, "Do you wish to make your closing statement now?"

"May it please the court, I wish to make my closing statement at this time, and reserve ten minutes for rebuttal at the close of the defense."

"You may proceed," said Shriall.

Captain Johnson was relieved that there were no Betazoids on the Supreme Court. He projected an air of confidence, but inside, he was worried that he was going to lose this case. He hoped that his projected confidence would be sufficient. "Your Honors, you have seen evidence that proves Crewman Tarses committed perjury. He stated on his Starfleet entrance application that he is 1/4 Vulcan. He signed that application swearing that it is true, knowing that it would constitute perjury. Medical scans prove that he is 1/4 Romulan. He lied to get into Starfleet. He has no business wearing that uniform. The only appropriate verdict is guilty. The only appropriate sentence is a dishonorable discharge. The prosecution rests."

Shriall turned to T'Lara and said, "Do you wish to call any witnesses?"

T'Lara said, "The defense calls B'Elanna Torres to the stand."

A young woman with a ridged forehead, wearing a cadet's dress uniform walked to the witness stand. The bailiff swore her in, and she sat down.

T'Lara began, "Please state your name and position for the record."

"B'Elanna Torres, Cadet Fourth Class, Starfleet Academy."

"How long have you been at Starfleet Academy?"

"Just under four months, Ma'am."

"Are you a Federation citizen?"

"Yes. I was born on the Federation colony Kessik IV."

"What species are you?"

B'Elanna bristled at this question, but responded, "I am half human, and half Klingon."

At this point, Captain Johnson stood up and said, "Objection. This line of questioning is irrelevant."

Shriall looked at T'Lara for an explanation. T'Lara said, "Your Honor, I am seeking to demonstrate what it is like for a Federation citizen who is partially a member of a non-Federation species to serve in Starfleet."

Shriall thought for a moment before saying, "Objection overruled."

T'Lara said, "Thank you, Your Honor."

"Cadet Torres, do you regard yourself as Klingon, or human?"

B'Elanna thought about it for a moment and said, "I regard myself mostly as human. I've never even been to the Klingon homeworld. My mother tried to raise me Klingon, but I chose to move to Earth and attend the Academy instead."

"And how do your fellow cadets regard you?"

"They regard me as Klingon. It's that way with most mixed-species people at the Academy. If a person is human and something else, people ignore the human part and only look at the other species."

"Have you experienced any prejudice in Starfleet as a result of your Klingon heritage?"

B'Elanna squirmed a bit before saying, "Yes. I have."

"Please describe it for the court."

"Mostly, it involves stereotyping. Whenever I lose my temper, people will make remarks like, 'Your Klingon side is coming out again,' or, 'Watch your forehead.' A few times, though, people will indicate that they think I have no business being in Starfleet because they think I'll have divided allegiances, or that I'm really Klingon at heart. Some people haven't gotten the message that we're at peace with the Klingon Empire. I have very few friends at the Academy, because they can't see past my forehead."

"Thank you for your testimony, Cadet Torres." T'Lara then turned to Shriall and said, "I have no further questions."

Captain Johnson stood up and said, "Cadet Torres, in your four months at the Academy, have you had any disciplinary problems?"

B'Elanna suddenly discovered a very interesting pattern on the carpet and studied it closely for about thirty seconds. Captain Johnson said loudly, "Cadet! I asked you a direct question."

"Yeah, I've had some troubles."

"I'm sorry. What was that?"

"I've had some problems with discipline."

Captain Johnson's voice was practically a shout at this point. "Didn't they teach you how to address a superior officer? Once again, have you had any disciplinary problems at the Academy?"

T'Lara stood up and said, "Objection! Counsel is badgering the witness."

Captain Johnson said, "Your Honor, if I may? I am simply reminding this cadet that when she is asked a direct question by a superior officer, the correct response is 'Yes, Sir,' or 'No, Sir,' not 'Yeah.'"

Shriall's antennae curled in irritation at Captain Johnson. He said, "Objection sustained. Let the record show that the witness has answered in the affirmative. Counsel for the prosecution is to refrain from asking that same question again."

Captain Johnson continued, "For the record, Cadet Torres has, in her illustrious, four month career at Starfleet Academy, received three reprimands for insubordinate conduct, and one reprimand for starting a brawl in Astrotheory 101."

B'Elanna was livid. She said, "Your point...Sir?"

"Isn't it possible that the reason you are ostracized at the Academy has to do with your service record, and not your species?"

"I wouldn't know. I'm not a mind reader," said B'Elanna.

Johnson said, "Have any of the people who have ostracized you at the Academy provided a reason for doing so?"

"Yes. They said that they didn't want to serve with a pink-blooded turtle-head."

Captain Johnson didn't know what to do. This cross-examination was going all wrong. The only thing he could think of was some advice his father had given him. The first rule for getting out of a hole is to stop digging. "I have no further questions for this witness."

Shriall turned to B'Elanna and said, "Thank you. You are excused."

T'Lara said, "The defense calls Simon Tarses to the stand."

Captain Johnson sat up straighter in his seat. This could be his lucky day.

The bailiff swore Simon in, and then T'Lara began. "Please state your name and position for the record."

"Simon Tarses, Crewman First Class, Starfleet Medical Corps. I am currently assigned as a medical technician aboard the USS Enterprise."

"Where were you born?"

"I was born on Mars."

"How long have you been in Starfleet?"

"About two years, Ma'am."

"Why did you decide to join Starfleet?"

"Ever since I was a child, it's all I've wanted to do. My grandfather taught me about the Federation and the freedoms I have by being a citizen. He instilled a sense of gratitude and pride. I knew that when I grew up, I wanted to join Starfleet to defend the Federation, and continue to ensure those freedoms."

"Of which of your grandfathers are you speaking?"

"My paternal grandfather, Nivel."

"Is Nivel present in the courtroom today?"

"Yes, Ma'am."

"Will you please point him out?"

Simon pointed to Nivel and said, "He's right there."

The spectators gasped at Nivel's identification, and Captain Johnson furiously scribbled notes.

T'Lara said, "Let the record show that the witness indicated an elderly Romulan gentleman seated in the front row of the gallery."

"When growing up, were you the victim of prejudice due to your species?" T'Lara continued.

"Since I'm 3/4 human, it wasn't an issue most of the time. Everyone thought that I was 1/4 Vulcan, not Romulan, so there weren't any problems. The worst that ever happened was the standard childhood taunting that happens to every kid."

"What about when you joined Starfleet?"

"I wanted to come clean about the whole thing, but I was afraid to. There was so much hatred toward Romulans. I figured that people would see me as a traitor if they found out. It turns out I was right. As soon as Admiral Satie revealed it, I started to get cold looks in the hallway, and people were talking about me behind my back. On my last shift in Sickbay, Dr. Selar was repairing a crew member's elbow, and he told her that he was glad that I wasn't working on him, because he didn't want to be touched by a Romulan. When I went to Ten Forward, people were whispering and avoiding me. It was even worse on the Excalibur. There, the crew talked about me like I wasn't there, and treated me like the enemy." By this time, Simon was near tears.

T'Lara, sensing the emotional state of her client, said, "Thank you. I have no further questions."

Captain Johnson stood up ready to have a field day. "Crewman Tarses, what is the Starfleet Honor Code?"

Simon stiffened. T'Lara warned him that cross-examination would be unpleasant, but he didn't realize just how unpleasant until now. He said, "Sir, the Starfleet Honor Code is: We will not lie, cheat, steal, or tolerate among us those who do."

"Do you believe in this honor code?"

"Yes, Sir," he said meekly.

"What a surprise, seeing as you have spent your entire Starfleet career in violation of this code," Captain Johnson said smugly.

Before anyone could react to that statement, T'Lara was on her feet. "Objection. There was no question in there."

Shriall said, "Objection sustained. Counsel will refrain from making commentary, and the remarks will be stricken from the record."

"If you know the honor code, and you believe in the honor code, why have you spent the last two years violating the honor code?"

Simon shifted uncomfortably in the chair. "Because, Sir, I was afraid, rightly so, it would appear, that I would be judged based on the planet of my grandfather's birth instead of my own merits."

"Do you really think that justifies what you did?"

"I don't know," Simon said quietly.

"Thank you. I have no further questions," said Captain Johnson.

Shriall said, "Thank you, Crewman Tarses. You are excused from the stand."

Simon got up and went back to the table and sat next to T'Lara. T'Lara stood and said, "I have no further witnesses."

Shirall said, "You may make your closing statement."

T'Lara walked to the podium and addressed the court. "Your Honors, the Federation was founded out of the cooperation of disparate species. It was founded on the principle that we are made strong by our differences. Infinite diversity in infinite combinations. Let us not forget that."

She continued, "The prosecution has shown that Crewman Tarses is 1/4 Romulan. We do not dispute that. The prosecution has also shown that Crewman Tarses wrote on his Starfleet application that he is 1/4 Vulcan. We do not dispute that, either. What we do dispute is the conclusion that he is worthy of punishment."

"First, as it has been shown, Romulans left Vulcan 2,000 years ago. It has been shown that this is not a sufficient amount of time to evolve a separate species. As such, biologically speaking, Romulans are members of the Vulcan species. Therefore, it is not logical to convict Crewman Tarses for perjury for making a statement that is true."

"Second, and most importantly, even if you conclude that Crewman Tarses lied on his application, he still does not deserve to be punished. He had a valid reason for not stating that he is 1/4 Romulan. As it has been shown, even a cadet at Starfleet Academy has experienced prejudice for being 1/2 Klingon. We are at peace with the Klingons and have been for 70 years. Crewman Tarses faces a more difficult challenge. We are in a long cold-war with the Romulan Empire. As soon as his heritage was disclosed, he became the victim of prejudice as well."

"Let us not forget that Crewman Tarses is not a citizen of the Romulan Empire. He is a loyal Federation citizen, and has been for his entire life. The question he was asked on his entrance application about his species is illogical. The information is not used; it merely sits in B'Euro Kratt's large files. Do not punish a member of Starfleet who has served with distinction for his answer to that question."

"The Federation was founded as an interplanetary state on the principle that all sentient life has intrinsic value, and is inherently equal. Any citizen of the Federation, regardless of origin, has the same legal rights and opportunities as any other citizen. The Federation strives to seek out new life and new civilizations in order to learn from them, and to be strengthened by the diversity of the universe."

"Your Honors, you have the power to uphold the founding principles of the Federation. You have the power to state clearly and unequivocally to all the galaxy that the United Federation of Planets stands as a beacon to all sentient beings that discrimination is a thing of the past. If you wish to exercise that power, then the logical verdict is not guilty."

T'Lara took a deep breath and said, "Thank you. The defense rests."

Shriall said, "Captain Johnson, do you wish to make a rebuttal?"

Captain Johnson stood up and said, "Your Honors, may it please the court. My esteemed colleague has used all the right words. She has spoken of justice, of the principles of the Federation, of legal technicalities. She even used the word 'logic'. Do not be fooled. She does not have a monopoly on logic. In fact, her appeal, though having the form of logic, is actually an emotional argument. She would have you believe that the entire Federation will come falling apart tomorrow if you do you duty and render a guilty verdict."

Captain Johnson continued, "Crewman Tarses has admitted that he lied on his application. He has admitted that it violates the honor code. Part of that honor code is that we will not tolerate among us those who lie. If you acquit Crewman Tarses, you will be tolerating a liar in Starfleet. He does not deserve to wear that uniform. He did knowingly and willfully mislead the Starfleet entrance board. The only logical thing to do is to render a verdict of guilty, and give Crewman Tarses a dishonorable discharge. Thank you."

Shriall rang the bell and said, "The court will recess to deliberate."


Author's Note: B'Elanna's association of herself mostly with her human half comes from the Voyager episode "Faces". When she was split into a human and a Klingon, the "real" her was the human. The timeframe of B'Elanna's time in Starfleet Academy comes from the episode "Extreme Risk", where she said she got kicked out when she was 19, and "Caretaker" where she said she left in her second year. Working out the math, that would place her as a first year cadet at the time of "The Drumhead".