AN: I forgot to add an author's note to the last chapter until it had been posted. However, I meant to thank anyone who is still reading this. I know it had been a ridiculously long time since I'd updated. The idea and where the story is going had changed several times in my head, but it's now finally developed the through line I need to finish it. I will finish this with or without reviews… but it's always nice to know that people are reading and enjoying. Thanks to Volley for her encouragement. And the reason for Malcolm's behavior will start to become clear in the next chapter or two (that part is all written, I just need to find the right timing for it). This is a fairly short chapter (for me), but the next will be longer. Anyway, happy reading.

Chapter Five

Malcolm rose from his seat and nervously cleared his throat. He glanced at the padd, and then up at Phlox, sitting at the witness table. Finally he took a deep breath and began.

"Doctor Phlox, we're here to investigate the events leading to the death of Ensign Carey. Can you give us an official cause of death?"

Phlox met Reed's gaze. "She died from complications of an aortic dissection."

"Can you please explain what that is? In layman's terms?"

As Phlox began his explanation, Reed studied the padd, formulating his next question. Archer, Trip, and the panel watched him. Reed cleared his throat again. "Doctor, you've explained what the cause of death was. Now, if you please, explain the events that led up to her death."

Phlox had been watching Reed but now he glanced over at Trip, who gave him an encouraging nod. Phlox turned to Archer, and began speaking. Starting with the alert that had warned him of the incoming shuttle, and ending with Ensign Carey's death, he spoke in a steady voice. Only when he came to the last few minutes of Carey's life did his recitation slow. Looking down at the table, unable to meet the watching eyes, he continued. "I repaired the rupture, but she'd lost too much blood. I replaced it, but there were complications from the blood loss… and there was nothing else I could do for her. She died."

The room was silent, and no one moved. The crewman on the panel were all avoiding meeting Phlox eyes. Trip and Reed were studying their padds, rapidly punching keys, while Archer alone watched the doctor. It was several seconds before Reed spoke, and when he did his voice was low but had an intensity that drew all eyes to him. "Doctor, when Ensign Carey first arrived at sickbay, what was your initial impression of her injuries?"

"Hmmm…" Phlox began. "Well, I did an assessment, and initially her vital signs were stable. My initial impression was that she had suffered musculoskeletal trauma of some sort." His tone was level, but his eyes reflected his dismay.

"So, you didn't think she was seriously injured." It was a statement not a question, and Malcolm's tone was sharp.

"Not initially," Phlox replied levelly.

"So when she said her back was hurting, you didn't believe her." Again the 'question' was made as a statement, and the tone drew Archer's reprimand.

"Lieutenant," he warned. "Stick to the facts, please."

Phlox was shaking his head even before Archer was through speaking. His tone was a little more heated this time. "No, Lieutenant. That is not what I said. I believed she had been injured, and I believed she was in pain. However, as I was triaging, I did not triage her as the most seriously injured person."

"And what did you base that decision on?" Reed asked. His tone was still sharp.

"Captain Archer had obviously broken several ribs. It was imperative that I check to make certain he had not punctured a lung, so I put him in the scanner first."

"After you had scanned the captain, Ensign Carey was continuing to complain of back pain, even though you had given her a painkiller, correct?"

Phlox nodded. "Correct".

"Shouldn't that have been a warning that something more serious was wrong?"

Phlox met Reed's eyes. "Yes."

"And yet, you then chose to scan me, despite the fact that I had trivial injuries. Why did you make that decision, Doctor?" Reed's tone had sharpened again, and there was something else beneath it, something akin to anger, Archer thought. He watched Reed carefully and considered intervening again, but the question was a legitimate one, so he let it go. But he made a mental note to remember this later.

Phlox had hesitated so long that Reed prompted him. "Doctor?"

"I..I.."

Archer was stunned to see Phlox so flustered at the question. The Denobulan had had plenty of time to review his actions in the case, and Archer was surprised to see his loss of composure.

"Well, there were other considerations…." Phlox finally managed.

"Other considerations? Other considerations? What 'considerations' could have taken precedence over a badly injured crewman?" Reed asked skeptically.

"I wanted to make sure that I wasn't missing any critical injuries… that I treated the most serious injuries first" Phlox stuttered. Trip had half-risen from his chair, preparing to ask for a break.

"Well then, Doctor, you obviously failed at that, didn't you?" Now Reed's tone was actively scornful, and it drew an immediate response from two fronts.

"Captain?" Trip appealed, but he need not have bothered. Archer had already risen.

"Lieutenant Reed! That is quite enough!" Archer took a deep breath, considered. "We'll take a short recess… ten minutes. Panel, please don't discuss the case during your break. Lieutenant, a word?"

The panel seemed shocked at the premature break. Slowly they rose, and began to mill about the room, uncertain where they could go. Finally most gravitated toward a table where food and beverages had been made available. Reed's head was down, but he moved toward the captain. Archer angrily jerked his head toward the door, indicating Malcolm should follow him into the hallway. Once the door had slid closed behind them Archer whirled on his armory officer.

"What the hell was that?"

"Sir?" Reed was looking at the floor, refusing to meet his captain's eyes.

"Lieutenant, I thought I could count on you to behave professionally. That is why I chose you to prosecute this case. You have the best grasp of the facts, and you've done the most research. However, if you are going to behave this way, I'll have to postpone the hearing, and assign someone else!'

"Perhaps that is best."

"What?" Archer practically shouted. "I thought you wanted this hearing!"

Malcolm finally looked up and met Archer's gaze, his eyes blazing. "With all due respect, sir, I never wanted to prosecute this case. I wanted Phlox actions to be investigated, and I wanted him to be disciplined if that was warranted…. Which I believe it is… but I didn't want to be the one to do it! Everyone else is so enamored with Phlox, that they are willing to completely ignore what he did…they're letting their emotions prevent them from doing what needs to be done," Reed snapped. Suddenly seeming to realize he might have gone too far, he broke his gaze away.

"And your emotions aren't involved at all?" he asked.

"I didn't say that… as I said, I did not want to be the one doing the prosecution. I just want the facts to come out."

Archer studied him for a moment, his mind racing, and then made a decision. "Whether you want to or not, you have been assigned the duty of prosecuting this case during this hearing. Whatever your personal feelings are, I expect you to put them aside and behave in a professional manner. Do I make myself clear?"

Reed pulled himself into a position of attention. His normal stoic mask had dropped back into place. "Yes, sir."

"Fine. Now take five minutes to get yourself together, and we'll resume." Archer didn't wait for an answer, but activated the door and strode through, leaving Reed alone in the corridor. Entering the mess hall sans courtroom, he saw Trip huddled with Phlox in a corner.

In the corner Trip was trying to understand what had led to the doctor's loss of composure and give the physician a pep talk.

"Doc, it's okay. Nobody expects you not to be bothered by all this…but you gotta' tell me what is going on."

Phlox shook his head, and for a moment Trip thought he wasn't going to answer, but eventually the doctor spoke. "It's complicated."

"Well, I kinda figured that!" Trip exclaimed loudly enough that the captain glanced over at them. Lowering his voice he said, "Can you please elaborate a little?"

Phlox shook his head. "It's… not exactly clear cut. Lieutenant Reed is correct. I did triage improperly, in retrospect, although given the information I had at the time, I think my decision could be defended."

"Of course it could!"

Phlox shook his head again, before looking up at Trip. "It's the reason I made the decision that was… questionable."

Trip lowered his voice, glancing around to make sure there was no one within earshot. He was afraid that whatever Phlox was about to say could be incriminating. "What do you mean?"

Phlox met Trip's gaze steadily for the first time, and Trip could see the pain, the indecision even now, and he knew the physician was questioning his own decision. "It's because… I knew the people involved."

Trip's brow furrowed. Of course Phlox knew the people. It was Archer, Carey, and Reed. Phlox had known them for a few years. "I don't understand."

"It's because of what I knew about the people involved. That information affected my decision making process. And I can't tell you about that, because it's confidential. I can't mention it, not here, not ever."

"Doctor, Ensign Carey is dead. Anything you knew about her, you can tell now. She's dead, so confidentiality doesn't apply."

Phlox shook his head again. "That isn't exactly true. But it's irrelevant. Commander, I'm sorry but I can't say anymore than this… it isn't just what I knew about her.