Liability Chapter 4, a startrek: enterprise fanfic

Archer tapped the pause button on his monitor, and then rewound it and listened again to Admiral Forest's message. He composed his reply, and took a moment to prepare himself. He hit the resume button.

"Sir, I received your message and understand. I will make the arrangements per your instructions and will provide you with a daily update." Archer paused. "Sir, as you know this is going to be difficult on the entire crew. Regardless of the outcome, there are certain to be lasting tensions. I'm requesting that Enterprise be granted permission to take some R and R at the first appropriate location we find following these events. Archer out." Archer hit the transmit button, and sat back, knowing it would be several hours before his message reached Earth. He pushed himself away from his desk, and leaned back, lacing his hands together behind his head, turning his gaze to the ceiling, reflecting. After several moments of contemplation, he sat forward again, and tapped the intercom and spoke.

Seven minutes later by his chronometer the three senior officers had arrived Archer looked up from his desk as they filed into the room. T'Pol, Reed, and Trip watched him carefully, unsure of why they'd been summoned. Archer rose. He put them at ease, and then shoved three pads forward before speaking.

"Thank you all for coming. I've been communicating with Starfleet, and we've been given some new orders."

"Finally!" Trip exclaimed. "I've been bored silly just orbiting that big, old red giant."

Archer shook his head. "This is a little different, Trip. We're not going anywhere just yet." Archer shook his head. "I just received a communiqué from Starfleet," he told them. "Lieutenant Reed, Starfleet Legal received your report, reviewed it, and have decided we will hold a modified Article 32 hearing here, on Enterprise. If the evidence warrants, they'll proceed with court martial proceedings. We will act as court officers, with crewman as jury. I'll be the presiding judge. Trip, I'm going to have you defend Phlox, Malcolm you're going to prosecute. T'Pol, you're going to oversee the protocol, act as my assistant researching any issues related to proper procedure."

Reed and Tucker were both shaking there heads in negation, Archer noted with vague amusement. He had anticipated this.

"Sir, I can't defend Phlox! I'm no lawyer. He deserves someone who knows what they're doing!" Trip declared.

"And I'm no prosecutor," Malcolm's protest was nearly simultaneous. He didn't want to be a prosecutor. He had just wanted Ensign Carey's death to be investigated,

T'Pol had remained silent. She waited until the other two were done speaking. "Does Phlox know?"

"Yes. I've informed him. And as to being real prosecutor and defense attorneys, understand this is a hearing. If Phlox is cleared, he'll be cleared. If adequate proof of his guilt is found, we'll return to earth, and there will be a real trial. Starfleet is relying on the good sense of the people on board this ship to make a fair decision. No court room tricks, just laying out the facts, and the defense. Now, Malcolm you've had plenty of opportunity to build a case, but Trip is going to need time to catch up. Please provide him all the information you've collected."

Malcolm nodded. "Of course, sir. But sir, I can't present the case against Phlox… I'm a witness," he tried grasping at straws.

"You're the best person to present the case." Archer told him. "You've done all the investigation and research. Don't worry about being a witness. Like I said, this is a hearing. If we needed to go to a trial, Phlox would have a real lawyer and a real prosecutor,"

Malcolm nodded unhappily.

"Of course, since Phlox is not a member of Starfleet, they don't really have full authority, so a full court martial would probably never be held. Most likely he would be returned to Denobula, and would never be allowed to return to Earth; Denobula could make him stand trial here, but… it seems unlikely," Archer added

"Well, no disrespect, Captain, but that being the case, why are we bothering?" Trip put in.

"Because Trip, if he has committed malpractice, or is deemed to have been involved in any wrongdoing, he would not be allowed to continue on Enterprise, or in any other role as a physician on Earth. On the other hand, if he is cleared, he can continue as the Enterprise's physician."

"I still think this is all a load of…." Trip broke off, and turned to shoot Malcolm a glare before continuing, "Phlox is a great doc. We all know that. This is a waste of time!"

"Trip-" Archer began, but before he could complete the thought he was interrupted.

"That's easy for you to say, Commander. You weren't there, and you haven't done the research. Maybe Phlox did everything right, maybe not. But Ensign Carey deserves justice, and Starfleet agrees." Malcolm's tone was level, but his eyes were flashing with emotion. Before things could get any more heated Archer intervened.

"Malcolm's right, Trip. Starfleet has ordered a hearing, and they're going to have a hearing.

Both officers still looked unhappy, but Archer was tired of discussing the issue. "Enough. We've been ordered by Starfleet to do this, and we're going to. And we're going to do it in exactly one week. I want this business finished, one way or the other. The only reason I'm waiting a week, is to give you-" he pointed at Trip, "time to prepare. We're in a quiet area right now. I suggest you both get to work. T'Pol will be a resource for both of you." Archer gestured at the padds. "The protocols are right there, as is some additional information Starfleet might be helpful." Archer paused, and the three officers stared at him wordlessly. "I suggest you get to work," he told them. "Dismissed."

One week later

Archer strode into the mess hall, cum courtroom. Malcolm looked up from the table where he was sitting, and, seeing his captain enter, jumped to his feet. "As you were," Archer said, and then glanced at Trip on the other side of the room, also on his feet. Both officers sat, and Archer strolled around the room, examining the layout. After much discussion with Starfleet, the format of the hearing had been determined. Archer would preside and would make the final recommendation to Starfleet, but there would be a three-person "jury" that would make a recommendation, which Archer, and no doubt Starfleet, would heavily consider. If they determined there was ample evidence of Phlox guilt, a full trial would be held. Archer dearly hoped that would not be necessary, but at this point he really didn't know. He had assiduously avoided any discussion of the case, and he after the initial reading of Malcolm's report, which had been transmitted to Starfleet, he had not looked at any reports or information about the case, wanting to remain as unbiased as possible. The panel had been chosen at random, and was made up of two men and a woman. The woman, Ensign Haley, worked in logistics. The other two panel members were a crewman who worked in engineering and a petty officer from the biological sciences division. Archer had done a quick screen to make sure that none of the three had strong ties to any of the involved parties, or other strong biases, and he was satisfied that the panel would be fair.

The small mess hall had been transformed. There were tables for both the prosecuting and defending officers and another table for Archer, facing the other two. Off to the side a fourth table had been set up for the panel. Recording devices were ready. Padds had been placed where the panel would sit, so exhibits could be transmitted for their viewing. Finally, opposite the panel were a few chairs for the crew. The hearing would be "open", but most members of the crew would be busy with their daily duties. However, Archer wanted this hearing to be conducted as transparently as possible, so he had made allowances so that a few crewmembers could be present throughout the hearing.

The hearing was scheduled to begin at 0800 ship's time, and it was now 0745. Archer was not surprised that both Trip and Malcolm were already at their seats, and based on the half-empty coffee mug on Trip's table, they probably had been for some time. Both appeared tired, and Archer knew that both were feeling the strain. Seeing that they were busy working, he didn't try to talk with them, but let them continue with their preparations. Trip had risen again and was now pacing, muttering softly to himself, rehearsing, while Malcolm sat with his head over his padd, studying it intently.

Archer went to his table and picked up the padd there and began reviewing the procedure. A crewman appeared almost magically with a steaming cup of coffee, which Archer accepted gratefully, giving an appreciative nod to the crewman, who quickly retreated. He took a moment to savor the hot beverage, and then returned to studying the padd. It was only a few moments before the door to the mess opened, and Phlox entered.

"Captain," the doctor greeted him politely before joining Trip at the defense table. He nodded politely to Malcolm in passing, and the armory officer nodded back, before dropping his eyes to his padd again. Within a few moments the three members of the panel entered, followed closely by a few members of the crew who took the remaining seats. When they were all settled, Archer glanced at his chronometer. It was 0758. Close enough. Archer cleared his voice, and when everyone in the room looked up he asked, "Shall we begin?"

"Aye, Sir," Trip replied.

"Aye, Sir," Malcolm echoed.

"Very well. I'll go briefly over the format, although you are all aware of it. I want to reminder everyone that this is not a trial. It is a hearing to determine if there is sufficient evidence of guilt to proceed to a trial. The panel-" here Archer nodded at Ensign Haley, Crewman Kirt, and Petty Officer Royal, "will make a recommendation which will be transmitted to Starfleet, along with my recommendation. We will follow common rules of order, but there will not be strict courtroom rules. The prosecution-" Archer tipped his head toward Malcolm, "will begin with a brief presentation of their findings in the investigation into Ensign Carey's death. The defense will then provide a brief response. After that the prosecution will call any witnesses they need to, and provide any evidence they need to. The defense will be able to question the witnesses. Then the defense will provide any additional testimony, witnesses, or evidence and the prosecution can question them. After that, each side will be allowed to sum up their positions. Now, we're all going to play fair, and I don't anticipate this will take more than two days. Are we all clear on how we're going to proceed?"

They all nodded. Archer took his position and with a deep sigh surveyed the courtroom his mess hall had become. He had a vague sense of worry, a dread of what was likely to come over the next several days. No matter the outcome of this hearing, his crew had already been damaged. He'd heard the whispers, seen the signs of division, the way the crew was dividing into two factions. How had it come to this? A brief flash of anger at Malcolm, and his insistence on pursuing what Archer believed to be a frivolous case, washed over Archer, and he had to look away from the table where Reed sat, take a deep breath, and regain control. Regardless of his feelings, he had to make sure the proceedings were fair and balanced- for Ensign Carey as well as for Phlox. The hearing was likely to be emotional enough—he had to keep his own feelings out of the mix. Surveying the room one last time, he set things irrevocably in motion with a simple, "Shall we begin?"