I'd like to thank cielxbassy, CLTex, DanAlaya, EmmaMarie, KnoKnayme, NanamiYatsumaki, nickiR0x, peerme, Poodle warriors, SweetPeaChikaDee, The Key To Knowledge, and all you guests and not-logged-in people for your reviews and encouragement. I'm not dependent on feedback to continue writing, but it sure is nice to know I have readers frothing at the mouth for the next chapter of this story!

Also ignore the title; as I said at the beginning I'm shit at them. Anyway, enjoy!

Chapter 16 – Testimony

The trial's date was pending until Kirk woke. Madelyn knew it was only a matter of time, and when he did the hospital would be crawling with Starfleet brass, Federation authorities, and attorneys anxious to get their piece of the pie. She'd already been approached by three separate lawyers who expressed their willingness to represent her in court for a sizeable fee, and she'd turned all of them down. It wasn't that she couldn't afford to pay any of them, but she had a sneaking suspicion they were more interested in her money than her case.

Over the course of those days that consisted of avoiding the poking and prodding of the press and attorneys, Madelyn wasn't idle. She kept in contact with Kelly, who'd finally returned her call with a panicked one of her own. Madelyn managed to calm her down, explaining that she was absolutely fine, that she would be in San Francisco for a longer amount of time than she'd originally expected. She avoided any mention of the upcoming "trial of the century," which had already leaked into the international media. All Kelly knew was what Madelyn told her, as the former had a penchant for gossip and Madelyn knew she couldn't let her secrets get out.

By the end of the week, she'd moved out of the hospital and into Carol's Starfleet apartment. It was only a short walk across Starfleet's sprawling San Francisco campus between the apartment and the hospital, and Madelyn made it her duty to visit Carol every day. She also kept a wary eye on the general vicinity of Khan's room, where the hallway was peppered with red and gray clad security officers. She never lingered close by, as that would've attracted the attention of the reporters who were also starting to collect in larger numbers around the area. There was a rumor flying around that the terrorist responsible for the havoc that had shaken both London and San Francisco in the last week was being housed in Starfleet's own medical headquarters, but Madelyn feigned ignorance and ducked her gaze at every moment. Her connection with Khan was only known by a few and it needed to stay that way.

As the days trickled by, the knowledge that she was still without legal representation began to weigh more heavily on her. Kirk could wake up at any moment, and that would trigger the forward momentum towards the trial. More than once she'd noticed a young, skittish-looking man dressed to the nines make a quick exit from Khan's room, and wondered if he was the defense attorney assigned to this case. Every time he stepped out of Khan's room, he looked both worn out and relieved. There was no way he'd volunteered to take on Khan as his client. If he was as new to this as he appeared, maybe he could help her without arousing suspicion.

The third time she saw him leaving Khan's room, she caught up with him and pulled him into an empty waiting room, shutting the door before he could protest.

"I know how this may look," she said quickly. "My name is Madelyn McGivers, and if you are who I think you are, then you know why I need your help."

The man's nervous Latino features relaxed with sudden realization and he reached out to shake her hand. "I'm César Santos. You must be my client's—well, uh…" He seemed to be treading carefully and Madelyn stared him down as she shook his hand.

"Ex."

César's light expression turned sheepish. "Mr. Singh didn't put it that way, but given the story he told me I'm inclined to agree with you."

"What did he tell you?"

"I'm afraid I'm not at liberty to—"

"Well then, let me help you out," Madelyn said, crossing her arms. "I'm assuming he didn't say anything to you about the string of lies he used to get into my bed, or why he wanted to get into my bed in the first place and how it worked." She put a hand on her stomach for subtle emphasis. "And he probably left out the fact that he didn't reveal his true identity to me because he was more concerned with the well-being of his sleeping crew, who are actually still alive despite a certain Vulcan's attempt to lead him to believe they're dead." She lowered her voice. "If you so much as breathe a word of this to anybody, I will personally make sure your career falls into a gutter, because the only thing keeping Khan from exploding out of that room is the fact that he thinks his people are dead. Do you understand?"

César seemed to shrink in front of her, but he nodded wordlessly. Madelyn took a breath.

"I'm sorry about this," she continued. "I'm sorry we have to be talking this way, but I don't have a choice. They're going to prosecute me for—"

This time it was César who cut off Madelyn. "I know what you've been accused of, and though I haven't seen it, I believe the evidence is weak at best. But you have a connection with Mr. Singh that can't be ignored. I don't know how I can help you."

She advanced towards him, desperation taking over. "You don't understand. I had nothing to do with his attacks." She felt like she was begging and she didn't care. "I had no idea what he was planning. Didn't he tell you that?"

"He only mentioned you briefly," César replied. "When you testify, you'll be required to give an honest account of everything that occurred between the time you met him up until the present. If you honestly had no knowledge of Mr. Singh's criminal intentions, this will become apparent in your testimony."

"They have photographs, Mr. Santos. Admiral Marcus threatened to use them against me before…" Madelyn's fingers covered her mouth. "Oh my god, what kind of photographs could they have?" Thoughts of how she could be blackmailed, how Marcus had intended to ruin her career flew through her head. Her stomach churned.

"As I've said, I haven't personally seen the evidence, but I'll do what I can to help you," said César. "However, unless you're willing to give an honest account of every encounter you had with Mr. Singh, it'll be difficult to avoid a guilty verdict."

Madelyn found herself sinking into one of the waiting room's chairs, her mind playing over every single time she and Khan had been together. She shut her eyes briefly, feeling sick to her stomach, and dropped her face into her hands to rub her forehead. César shifted uncomfortably nearby.

Opening her eyes, she tilted her chin up until she was looking up at him again and intertwined her fingers under her chin. "It's only going to get worse from here, isn't it?"

César cocked his head slightly in thought. "There may be a way to soften the blow, but it would require something I'm not sure you'd agree to."

Madelyn waited expectantly for him to continue.

"You could testify as Mr. Singh's witness," he said slowly. "You wouldn't necessarily have to defend him, but by cross-examining your case the truth may become… easier to see."

"So you're saying if I testify for Khan, that could somehow convince people that I had nothing to do with his actions."

"If that's the truth, then this would be your best option."

Madelyn swallowed and ran her fingers through her scalp. "So, I'd have to tell them everything," she said quietly. All she could think about was the two months of sex prior to Khan's disappearance.

César nodded. "Yes, you'd have to tell the court everything. Not down to the details of course, but enough to paint a clear picture of exactly what your relationship was to Mr. Singh."

Madelyn let out a shaky breath and rubbed her eyes, trying to wrap her mind around this. "Okay," she said after a moment, before returning her gaze to the lawyer. "Maybe I should start by telling you everything."

César took a seat across from her and pulled out a PADD. "I was about to suggest the same thing."

Madelyn straightened in her chair, and sent her thoughts back to August of last year. "It was the same day my grandfather was murdered—you may have seen it in the news. I met Khan that evening—well actually he found me first. He said he had important information to share with me. He called himself John Harrison."

Another week passed. Madelyn and César met several more times to piece the details of her story together. It was easier than she'd expected, and she knew that was only because it was all true. But the more she thought about it, the worse it hurt.

Buried in the bottom of her cosmetic bag was the small silver locket Khan had left in her apartment on Christmas, and it caught her eye one morning and made her pause. Her first instinct had been to throw it out, but the moment her fingers brushed the cool metal she remembered the small photograph nestled inside. She couldn't bear to open it up and look at it, but shaking her head at herself she returned it to its place in her bag and continued with her routine.

She hated Khan. She hated what he had done to her, but more than that she hated what she had once felt for him. She wanted him to rot in a dark prison cell on some desolate planet far from civilization, far away from her and her unborn child, but a sinking feeling in her gut told her that her testimony wasn't going to help in making that a reality. If anything, it would only prove that Khan wasn't as much of a monster as she wanted everyone to believe, but if she emphasized the lies on which he'd based their affair then maybe she could still come out of this unscathed.

The pendant was only a reminder of what she thought had existed between them, but maybe with time, after the trial was over and Khan was locked away somewhere, she would be able to look at the photo of her grandfather inside it again without feeling sick to her stomach. For now, however, it needed to be hidden away where she would never see it. The last thing she needed every day was another reminder that Khan had lied to her, when she already had one growing inside her belly.

The day that Kirk finally woke up, it was announced that the trial would begin in ten days. It would be enough time for Kirk to get back on his feet, and for the prosecution's evidence and witness testimonies to be prepared. It was almost too long of a wait for Madelyn. She wanted to get everything over with, but looking forward in time to the looming tribunal only made her more anxious. These anxieties were aggravated by her pregnancy. She was in a constant state of emotional flux and blamed it on her hormones, augmented by her unborn child's alarming rate of development. According to Dr. McCoy, the results of her most recent ultrasound had been startling. In about three weeks, Madelyn's baby had undergone the equivalent of almost three months of growth, putting her at the start of her second trimester despite having only been pregnant for about eight weeks. Not only was her nausea ebbing, but some of her clothing was starting to fit a little too tightly. McCoy had never seen anything like it.

A quick excursion out of Carol's apartment and into an undamaged part of the city provided Madelyn with new clothing that could inconspicuously hide her growing baby bump. The last thing she needed were vicious rumors flying around when her face was already making it into the tabloids. She only hoped Khan wouldn't notice, although based on his comments the last time she had spoken to him, he already seemed to be harboring suspicions. César had made it clear that he would keep this a secret, and as her lawyer, he was bound by oath to do so. Other than McCoy, he was the only person who knew, and at this point she didn't have any other choice but to trust him.

The Federation courthouse in central San Francisco was built like an atrium, with glass panels in the high ceiling to let in natural light and wide white walls lined with sound reduction materials to keep what was said in court from leaching outside. Spectators and reporters and members of Starfleet who were scheduled to testify on other days milled back and forth across the gallery to find their seats, their chatter reducing to nothing when the judges entered the room. Madelyn recognized most of them from the information César had given her beforehand. Some of them were Federation brass, Human and Vulcan. There were also several Starfleet admirals who had probably known Alexander Marcus. She wondered if any of them had known her grandfather, or whether they'd been aware of Marcus' formerly top-secret activities.

From her seat near the front of the room beside César, she saw Khan led in out of the corner of her eye, surrounded by four heavily armed redshirts. His hands were cuffed behind him but he held himself with cool arrogance, with his hair slicked out of his face, his back straight, and shoulders squared in plain black clothing. After he was locked securely into the defendant's box, he turned his head slightly to meet her gaze and she immediately looked away. She wasn't going to give him the pleasure.

The trial began with a swearing of oaths, and then one of the judges listed off the crimes Khan was being accused of, which Madelyn found to be a highly satisfying experience. Multiple counts of manslaughter, murder, and terrorism among others. Then the floor was given to Khan to make his opening appeal.

Madelyn listened with growing interest as he gave an account of everything that had happened to him from the time he was first awoken by Marcus, to how Marcus had coerced him into cooperating, keeping him in perpetual bondage by threatening to kill his crew. He explained in great detail everything Marcus asked him to do, and finally how his plan to smuggle his crew to safety was discovered. When Marcus had reclaimed the torpedoes with Khan's crew inside them, Khan had believed them to be dead.

"I had no other choice but to respond in kind to Marcus' actions," was Khan's concluding statement.

There was something weary about the way he spoke, Madelyn decided. He believed his crew was dead now, and for all intents and purposes most of the room probably did too. She chanced a glance to the side where Kirk and Spock waited to present the prosecution's case, but she saw nothing on their faces that might betray the truth. Her attention shifted to a familiar man sitting near them and she inhaled sharply, tearing her gaze away. It was Owen.

She only half listened when Kirk began to speak. She was too concerned with trying to figure out what Owen was doing there sitting in the prosecution's box. After Kirk finished and Spock presented a short but logical position that agreed profusely with his captain, half the day was gone, but Owen hadn't stood up to present his case. Madelyn nudged César with her elbow as the judges called a short recess.

"What the hell is Owen doing over there?" she whispered. "He worked with Khan for months. Why didn't he testify?"

"Commander Owen Gallagher?" César said, smiling bitterly, then he shook his head. "I should have told you earlier. He's the one who accused you of accessory to Khan's attacks."

"What?!" Madelyn instantly cringed as her voice rose much louder than she'd intended.

"I'm sorry, Madelyn, I only found out today."

"Why didn't anyone tell me?" she hissed. "I could've talked to him and changed his mind!"

César's brow crinkled. "Based on what you told me about him, he doesn't seem like the sort of man who would change his mind about something easily."

Madelyn's fingernails were digging into her palms as she kept herself grounded in her seat. She glared at Owen from across the room, watching with lips pressed together in a thin line as he stood up and sauntered through the crowded room towards the door.

"That bastard," she whispered.

"You need to stay focused," César explained. "When the recess is over, you'll be asked to go to the witness stand as the defense's only witness. I'll ask you the proper questions, like we discussed. Since you're an accused accessory, it's likely you'll be cross-examined. You need to remember that what you say could be used against you."

Madelyn forced herself to steady her breathing and leaned back in her seat, nodding as César's words sank in. They'd talked this over several times leading up to the trial. What she said today would be absolutely pivotal. She had to convince the judges she was innocent, and she had to show Owen that he was an absolutely terrible excuse for a human being. She couldn't believe him, letting his jealousy drive him to accuse her of helping commit acts of terror. All because she'd refused him.

Despite the fact that her testimony would be used in Khan's defense, she knew she'd still be able to make negative statements about him. She needed to show the court that she had been ignorant of his identity, that he had used her for his own means, and had she known of his intentions she would have dissolved ties immediately. She would have moved to another city had she known what Khan had really wanted. No, another country.

And the court needed to know this.

"So I'm correct in assuming that your association with Mr. Singh began on strictly professional terms?"

"Yes."

"How did you meet him?"

Madelyn kept her gaze focused on César from the witness stand as he paced across the well of the courtroom, shooting her question after question that she could easily reply to. She was beginning to find a rhythm to this that had helped her relax, despite having the entire courtroom's eyes on her, including Khan's.

"He came to me saying he had business with my grandfather."

"The late William McGivers?"

"Yes," Madelyn nodded.

"And after your grandfather passed away, you continued to see Mr. Singh, correct?"

"Yes, I did."

"How often did you see him?"

"Sporadically," she answered carefully. "He showed up in my office a few times, but he would always go off-world to work at the last minute. I never knew when he might show up again."

"So you considered Mr. Singh to be an acquaintance?"

Madelyn swallowed, racing to collect her thoughts. There was still a chance that not everything had to come out, but she couldn't lie. "He was… more than that. He was a friend. A close friend," she added.

"Ms. McGivers, please relay to the court the story you told me regarding your relationship with Mr. Singh. There's no need to be detailed."

She shifted in her seat and took a moment. She couldn't believe she was about to say these things in front of Khan, in front of all these people. "He stood by me when my grandfather passed away, and he remained in my life long enough for me to grow attracted to him. I'd been single for over a year. My husband had passed away a year prior. I felt that the time was right."

"And did this relationship persist through the twenty-fourth of February, the day Mr. Singh detonated a device that destroyed the Kelvin Memorial Archives?"

"No, he disappeared two weeks before that happened."

"Did he contact you at any time during those two weeks?"

"No."

"Before he disappeared, did he ever reveal to you the conditions under which he was working for Admiral Alexander Marcus?"

"No."

"But you seem to be aware of this now."

"When Captain Kirk brought Khan onboard the Enterprise, that was when he told us everything, and warned us about Marcus. I was as shocked as anyone."

"So you had no knowledge of Mr. Singh's plans to attack London and San Francisco, correct?"

"No, I had no idea what he was planning."

"He never hinted at his plans while you two were in this relationship?"

She shook her head. "No, he didn't. He never said anything suspicious."

César paused and glanced up at the judges, then looked at her again. "Ms. McGivers, did you have any knowledge whatsoever of Mr. Singh's intentions to harm innocent people in retaliation for Admiral Marcus' prior treatment of him?"

"No. I had no idea what he was planning. I had no idea who he was. I didn't know anything."

"Why were you on the USS Enterprise, Ms. McGivers?"

Madelyn took a breath, considering what she could say. Accusations flew through her head, but she knew all she could say at this point was the truth. "Admiral Marcus blackmailed me into boarding the Enterprise," she said finally.

"What did he use for blackmail?"

She glanced to the side. "He said he could ruin my career. He said he had photographs that he could use to implicate me in Khan's crimes."

"Did he show you these photographs?"

"No." She shook her head. "Looking back on it now, I think he was bluffing."

"Why do you say that?"

"Because no legitimate proof could exist for something that never happened."

People were murmuring in the gallery but César turned back to the panel of judges and nodded confidently. "The defense rests, Your Honor."

"Your Honor!" came a loud voice from the side. Kirk had risen from his seat in the prosecution's box. Madelyn stared at him.

"The chair recognizes the prosecution witness, Starfleet Captain James T. Kirk."

"Your Honor, the prosecution would like to cross-examine the witness."

No, Kirk, what are you doing? Madelyn was screaming inside. She hadn't spoken with him since they'd been on the Enterprise together. He had no idea what her true situation was.

Kirk was allowed to come forward and Madelyn was forced to remain in the witness stand. When she didn't return the smile he gave her, he merely nodded to acknowledge her then turned on his heel and crossed the well until he stood face to face with Khan.

"Mr. Kirk—"

Kirk ignored the judge's complaint behind him. "Mr. Singh, is it true that Ms. McGivers had no idea who you really were over the course of your affair with her?"

"Mr. Kirk, Mr. Singh is under no obligation to answer your question—"

Another judge interrupted. "Answer the question, Mr. Singh."

Madelyn didn't know where to look. She settled on Khan's cool façade.

"It is true that I kept my true identity hidden from her," he replied after a moment, his deep voice rumbling through the room. "Had I not, I would've been compromising the safety of my crew, another factor of which she was also not aware. Marcus had a tail on both Madelyn and myself, in order to ensure I didn't reveal what he was forcing me to do."

Madelyn continued to look at him even after Kirk had turned back around to direct his questions towards her. Khan was defending her, in his own way. She ground her teeth together at the thought.

"Ms. McGivers," said Kirk, his tone lighter, "would you say that your relationship with Mr. Singh was romantic, even sexual in nature?"

Madelyn felt her gut tighten. She swallowed as she tried to think of what to say. She'd hoped this wouldn't come up. César had said it wouldn't, but he was just her lawyer. He had no control over what others would ask.

"Ms. McGivers?"

"Yes," she blurted.

"Yes, what?"

Dammit, Kirk. "Our relationship became primarily sexual," she said quietly.

Chatter rose in the room again and one of the judges had to call for order. Kirk was nodding slowly.

"How long did this sexual affair last?"

"Almost two months."

"Almost? Can you be a little more specific?"

She wanted to glare down at him, but she was too afraid to be giving more away than she already was. "Two months, minus the two weeks he disappeared right before London was bombed."

"And in that time, would you say that the sexual activity you and Mr. Singh participated in on a regular basis was consensual?"

Madelyn's brow was tightening. "Yes, of course."

"Where are you going with this, Captain?" asked one of the judges.

Kirk held up a hand and kept his focus fixed on Madelyn. "Ms. McGivers, while you were in this sexual relationship with Mr. Singh, did he at any point hurt you or threaten you or attempt to coerce you in a negative way?"

"No."

"In that time, did you ever feel unsafe while you were with him?"

She couldn't believe this was happening. "No."

"Did Mr. Singh ever mention any plans to attack London or San Francscio?"

"No."

"Plans to murder Admiral Marcus?"

"No."

"What name did you know Mr. Singh by at that point in time?"

Madelyn blinked at the change in his questions. "Uh, John Harrison. Commander John Harrison."

Kirk nodded, raising his eyebrows expectantly. "Starfleet Commander John Harrison?"

"Yes."

"Did you know him by any other name?"

"No. He told me his name was John Harrison. I knew him as John Harrison from the day I met him in August of last year up until he revealed his true identity to us on your ship, Captain."

Kirk nodded, the corner of his mouth twitching upwards. "Then I'm assuming that while you were in a sexual relationship with Mr. Singh, you didn't know that he was actually a genetically-enhanced Augment and former dictator from the twenty-first century."

"No, I didn't. I thought he was human like anyone else. He'd never given me reason to suspect otherwise."

Don't you dare bring up my own lineage, Kirk, she thought to herself.

Kirk nodded. "And yet he wanted to have lots of sex with you, while keeping his identity a secret. Would you have gone along with him had you known his true identity?"

"Never. Not in a million years." That felt good to say out loud and in front of Khan himself.

Kirk turned back to the judges. "Your Honor, it seems to me Ms. McGivers played no part in Mr. Singh's criminal actions. In fact, I think she's more of a victim here than many of us. Obviously, I recognize that we have all lost people we love due to Mr. Singh's actions, but Ms. McGivers was specifically targeted and used by Mr. Singh. She was alone and vulnerable, and he took advantage of that for his own selfish purposes. The only thing Ms. McGivers is guilty of here is not receiving the justice she deserves as soon as she deserves it. Therefore, I implore you, Your Honors, to declare her innocent of all charges, and to move this trial on to convicting the real criminal."

Madelyn didn't know what to say. She was staring at Kirk with tears pricking her eyes, shocked and grateful all at once.

"We will take your argument into consideration, Mr. Kirk," said one of the judges. "In the meantime, this court is adjourned until tomorrow morning."

In that instant, the gallery exploded into a noise of chatter as the judges retired from the room. Madelyn left the witness stand and went to grab her things from beside César's seat.

"Thank you, Mr. Santos," she said. "But I think next time I'll hire Kirk as my lawyer."

"What he did goes against every court regulation I can think of. He's not a lawyer."

Madelyn watched him go, then shouldered her bag and headed towards the door. No security officers made attempts to flank her this time, but she decided she didn't need them. By all rights, she had already proven her innocence with Kirk's help. She felt ten times lighter, and that was despite the baby growing inside her, hidden under her coat.

She pressed through the crowd of people in the gallery, making her way to the door. Something hard collided with her face.

"Slut!" a woman jeered from nearby.

The source of the insult appeared in front of her. A small woman, Madelyn's height, red in the face and spitting angry.

"You're a fucking slut, that's what you are! Yeah I said it! That terrorist killed my entire family, and you fucked him!"

Before security could remove the woman, she swung a fist through the air and connected with Madelyn's face.

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