J. B. Tilton/Page 8
FIVE
"This hearing will come to order," said De Haan. "Commander Jacobs, you may begin."
"Thank you, sir," said Jacobs. "Lieutenant Malcolm Reed, have you been advised of your rights pertaining to this matter?"
"I have, sir," said Malcolm.
"You are aware that you aren't required to answer any questions?" asked Jacobs. "And that you cannot be compelled to provide any evidence against you?"
"I am, sir," said Malcolm.
"Very well," said Jacobs. "I wish to make it clear that this is not a court martial. It is a hearing to determine if a court martial is necessary. Lieutenant Reed, have you been advised of and do you understand the nature of the charges and allegations brought against you?"
"Yes, sir," said Malcolm.
"Sir," said Archer, "Captain Jonathon Archer acting as the advocate for the defense. I wish it stated for the record that I have advised Lieutenant Reed not to answer certain questions that I believe the prosecution is likely to pose to the defendant. In response to those questions, I have advised Lieutenant Reed to invoke his Article Forty Six rights against self-incrimination."
"It is so noted," responded De Haan. "Commander, please continue."
"Thank you, sir," said Jacobs. "Lieutenant, it is alleged that on star date ? you were assigned to the Earth ship Polaris as the assistant tactical officer. Is that correct?"
"It is, sir," said Malcolm.
"It is also alleged," continued Jacobs, "that on that date, the Polaris engaged eleven Tesseract marauders. Is that correct?"
"It is, sir," said Malcolm.
"According to the charges brought by the head of Star Fleet security," said Jacobs, "it is alleged that during the battle, you sent a transmission to the enemy fighters. This transmission contained crucial tactical information on the condition of the Polaris. And that this information resulted in the destruction of the Polaris, the death of her captain, and the deaths of forty seven crewmembers."
"I am aware of that, sir," responded Malcolm.
"Lieutenant," said Jacobs, "did you send that transmission?"
"Yes, sir, I did," responded Malcolm.
"Admiral," said Archer, jumping to his feet, "for the record, I wish it stated that Lieutenant Reed has answered that question against the advice of counsel."
"So noted," said De Haan.
"Lieutenant," continued Jacobs, "what explanation can you give to this authority for such an action during combat?"
"I can't answer that, sir," said Malcolm.
"Do you understand the question, Lieutenant?" asked Jacobs.
"Yes, sir, I do," said Malcolm. "I cannot answer the question, sir."
"Can't or won't?" asked Jacobs.
"With all due respect, sir," said Malcolm, "the result is the same. I do not see that it makes a difference either way."
"Lieutenant," interjected De Haan, "can you offer any mitigating evidence in your defense?"
"No, sir, I cannot," said Malcolm.
"Admiral," said Jacobs, "at this time the prosecution submits that all criteria have been met in this matter. In light of Lieutenant Reed's willing confession in this matter, I move for an immediate finding in favor of the prosecution and that an order for a general court martial be entered in this matter."
"With all due respect to the Commander," said Archer, "I believe it is customary for the defense to be allowed to present its' case."
"Objection sustained," said De Haan. "Commander, I realize this appears to be an open and shut case from your point of view. However, in the interest of justice, the defense must be allowed to present its' case."
"Thank you, sir," said Archer. "Lieutenant Reed, is it fair to say that things were a bit hectic during the battle?"
"You've been in combat, sir," said Malcolm. "Things are always hectic."
"So," said Archer, "is it possible that the transmission was sent by accident?"
"No, sir," said Malcolm.
"You said things were hectic," said Archer. "Surely it's possible that you might have sent the transmission without realizing at the moment that you were doing it."
"No, sir," said Malcolm. "I knew what I was doing. There was no mistake."
"I see," said Archer, becoming frustrated. "Perhaps you became confused. Sent the message thinking you might get aid from any nearby friendly ships."
"There were no ships nearby, sir," said Malcolm. "At least none that could have arrived in time to provide us assistance."
"Lieutenant," said De Haan, "aren't you going to offer any defense? Mental duress, heat of the battle, anything that might provide some form of defense?"
"No, sir," said Malcolm. "It wouldn't be the truth, sir. I knew what I was doing when I did it."
"Captain Archer," said De Haan, "does the advocate for the defense have ANYTHING to add on the defendant's behalf?"
"Just Lieutenant Reed's outstanding record, sir," said Archer. "Lieutenant Reed has refused to discuss the incident even with me. I would submit that he is under some form of extreme mental duress regarding this matter and ask the courts indulgence."
"Do you have a qualified medical opinion to substantiate your claim?" asked De Haan.
"No, sir, I don't," said Archer dejectedly.
"Very well," said De Haan. "This hearing is in recess while I consider my decision. Don't go anywhere. This isn't going to take long."