STARDATE 55244.86: Tenth Day of the Trial

"Admiral Janeway," Commander Ponomarev said. "Please describe your relationship with Lieutenant Keegan."

"I served as his commanding officer for seven years." She understood why Lieutenant Keegan chose Ponomarev to question her, but she was embarrassed that it was necessary.

"How did you come to view him?"

"For most of that time, I barely knew him."

"Yes," Ponomarev said. "An away mission brought him to your attention. How did he perform on that mission?"

"He risked his life to save another officer."

"Yes. Ensign Nureek. We've heard his testimony." Ponomarev rose from her chair and walked to the front of the table. "You ordered him to design a method of helping the Quagaar. How did he do?"

"Very well," the admiral said.

"Better than your Chief Engineer, in fact."

"The problem was one of geology, not engineering. Lieutenant Keegan was better suited to the job."

"You planned to promote him to the bridge, is that correct?"

The admiral nodded. "During gamma shift, yes. I wanted him at the science station."

"Why?"

"He could do the job."

"So could many others. Why him?"

Janeway looked over at Keegan, then back to the commander. "I felt he showed a lot of potential."

"How do you feel now?"

"I feel the same."

Ponomarev shrugged. "Is it really a lot of potential?"

"What?" Janeway asked.

"He's a eugenic. Is he really showing more potential than he's worth?"

"I don't understand."

"As a eugenic," Ponomarev continued, "He's not really showing potential. He never risked his life to help Ensign Nureek. The Quagaar problem never challenged him. What did you reward?"

Janeway scowled. "I rewarded his dedication," she said.

"You said you rewarded his potential. Did he show his true potential?"

"No," Janeway said, looking at Phil again. "He held back."

"Then, what did you respond to?"

"He did his duty," Janeway said. "Whether he wanted to or not."

"Thank you, Admiral." Ponomarev returned to her chair.

"Admiral Janeway," Commander Brown began. "Do you consider Lieutenant Keegan a good officer?"

"Yes," she replied.

"And you would serve with him again?"

"Yes."

"He lied to you. Often. He falsified information and corrupted Voyager's database. How can you forgive that?"

"His lies were personal, not professional," Janeway said. "The information was likewise personal. I have the right to withhold embarrassing information from my commanding officer, for example."

Commander Brown contemplated the admiral. "What do you believe is his worst crime?"

The admiral sighed. "Interfering with the development of a sentient."

"The ship's doctor?"

"Yes," Janeway said.

"Why is that his worst crime?" the prosecutor asked.

"It violated the Prime Directive," the admiral answered.

"Didn't you yourself violate the Prime Directive your first day in the Delta Quadrant?"

"Yes," Janeway said.

"Please," the commander continued. "Explain the difference." She spoke in an even tone without sarcasm.

"I did it to help the Ocampa."

"And Lieutenant Keegan?"

"Lieutenant Keegan," the admiral said, "reprogrammed the Doctor to help himself."

Brown paused over the words. At last, she said, "Tell us about the mutiny."

"Lieutenant Keegan took control of Voyager to prove a point," Admiral Janeway said.

"Did it work?"

"Yes."

"What exactly did he prove?"

"That he did not need to command those around him," Janeway said.

"Why did he even think of it?" the commander said.

The admiral glanced at the tribunal. "I am not permitted to answer that fully," she replied.

"Yes, of course. But, was his action necessary?"

"No," Janeway said.

"What should he have done?"

"As a Starfleet officer, it was his duty to provide his captain with any information the Federation deemed important."

Commander Brown said, "And that included his background, whether he fell under the scope of the regulation or not?"

"Yes."

"Why?"

"Because," Janeway said, "He was a Starfleet officer. At the very least, he had the responsibility to tell me my questions entered personal territory. Instead, he deceived me."

"What would you have done, had he told you?"

"Put him in the brig and had him watched."

"That was hardly in his best interests," Commander Brown said.

"His interests were not the issue."

"Then, as a Starfleet officer, he doesn't have the right to defend himself?"

The admiral scowled openly at Commander Brown. "Not when it interferes with his duty."

"He did his duty when saving Ensign Nureek."

"Yes, he did," Janeway said.

"Does he have the right to pick and choose when he will obey his oath?"

"No. Starfleet regulations are clear."

"Thank you, Admiral."

"Defense?" Admiral Chauhan said.

"Thank you, Your Honor," Ponomarev said. "Admiral Janeway, when you discovered what Lieutenant Keegan was, what did you do?"

"I ordered him stunned on sight."

"Was your action justified?"

"No," Janeway said. "I owed him the same loyalty I owed any member of the crew."

"Have you been charged for your action?"

"No."

"When did Philip Keegan alter the Doctor's programming?"

"In his third month aboard Voyager," the admiral said.

"Was the Doctor sentient at that time?"

"I don't know."

"Doctor Zimmerman himself testified that was unlikely," Commander Ponomarev said.

"I trust his answer."

"Then tell me, when does Lieutenant Keegan's crime begin?"

The admiral sighed. "When Mister Keegan realized himself that the Doctor had achieved sentience."

"When was that?" Ponomarev said.

"I don't know," the admiral said slowly.

"Is the Doctor sentient now?"

"I believe so."

"Can you prove it?"

"No," Janeway said. "I cannot."

"Doctor Zimmerman also testified that the amount of influence from Lieutenant Keegan's addition to the Doctor's program was minimal. Does that matter?"

"I don't know."

"You altered the Doctor yourself, didn't you?" Ponomarev said.

"His ethical subroutine entered a feedback loop. Lieutenant Torres made the actual change."

"How is this different?"

The admiral lowered her head while she thought. "Mister Keegan's action was selfish," she said at last.

"Would the Doctor withhold Lieutenant Keegan's secret if asked?"

"He is programmed for doctor-patient confidentiality."

"Yes," Ponomarev said. "What would cause him to violate that?"

"Evidence of a crime."

"Is Lieutenant Keegan's eugenic heritage a crime?"

"I don't know."

"In your opinion," Ponomarev said, "Could the Doctor know?"

"Do you mean, is he programmed for it?" the admiral asked. "No. He is not."

"Would he have informed you of the Lieutenant's background?"

"He might."

"Would he have that right?"

"I don't know," Janeway said.

"Did you consider these factors when you punished him for this act?"

"No."

"What did you consider?" Ponomarev asked.

"I believed Lieutenant Keegan was a good officer trying too hard to prove himself to those he felt stood in judgment of him. I believed he made a mistake of innocence."

"And now, would you alter his punishment?"

"No," the admiral said plainly.

"Thank you, Admiral."

"Ambassador," Keegan said, walking to the door of his cell. "This is most unexpected."

"I am not pleased to be here," Ambassador Spock replied. "The solidarity created by the Dominion War between the Federation and the Romulans has allowed me this time away from my work. I did not wish to spend that time sitting in defense of a eugenic of old Earth. I believe I have experienced more than enough of your people."

"I apologize, Ambassador. You are correct, of course. I know more than any the difficulties Khan could create for those around him. What he did to you and those aboard the Enterprise are but the least of his crimes."

"His crimes and yours are not dissimilar," Spock said.

"'Never argue with a Vulcan'. Commander Chakotay once mentioned that," Keegan said. "You are correct again. I am not arguing innocence, Ambassador, I am arguing motivation."

"I know neither your mind, nor that of Khan."

"It is not your place to know, sir. It is your place to deliver testimony. The tribunal sits in judgment. You can provide information of particular importance. That is all I ask."

The ambassador shook his head. "You understand; your claims are difficult to believe."

"Yes, Ambassador. Tell me this, can you imagine what Khan would have been like as an elder sibling? Or as a surrogate father?"

"Supposition in the absence of sufficient information is not logical."

"Damn Vulcans. Again, yes. I can tell you, sir, no one from the Enterprise could hate Khan as much as I do. That is not supposition."

Spock regarded the statement with slow precision. "I am not pleased to see one of your kind in a Starfleet uniform, but I wore one long enough to know the duty it commands. I have reviewed your career aboard Voyager. It is a dichotomy, but one that supports your claim. But, you also had access to Voyager's historical records. You are certainly intelligent enough to learn from Khan's mistakes. I will present the evidence you ask. That is my duty. I will also consider the possibility you are deceiving the tribunal. If I see evidence of that, I will make that information known."

"You understand humans very well," Keegan said. "Do you understand penance?"

"I have seen it."

"I have lived it for seven years. I will not deceive anyone. I want very much to prove I am what I claim." Phil lowered his eyes and raised them again with determination. "Tell me how he died."

"You have read the records."

"I have," Phil said. "I want to know what he was when he died."

"He was a man who pursued the mechanism of his own failure."

Phil sighed, slow and stuttering, a primal release. "Thank you, sir. That is more than I hoped for. When this trial is ended, I would like to speak with you again on a very different matter."

"Perhaps, Lieutenant. You remind me a great deal of someone I once met. I am interested to discover just how similar you are."

"So am I."

"...His final act was to attempt to destroy the Enterprise," Spock told the court.

"And your response?"

"I gave my life for my ship and crew."

"Tell me, Ambassador," Keegan said. "Have you reviewed my analysis of the history of the Vulcan people?"

"I have," Spock said.

"Do you consider the ideas valid?"

"They are worthy of investigation."

"How similar are eugenics to Vulcans?"

"Vulcans are slightly stronger and faster. Endurance and intelligence are comparable."

"And, you are telepathic."

"There are human telepaths, though they are rare."

"And not as gifted," Keegan said.

"It is not a gift. It is a quality of the species."

"But, your species is superior."

"That is not an accurate conclusion," Spock said.

"What is the accurate conclusion?"

"Lieutenant, you know as well as I that a perfect determination cannot be made. You are asking why Vulcans are allowed into Starfleet and eugenic humans are not. Eugenic humans have shown mental instabilities. Vulcans have not. Humans, in fact, are the only known species to use eugenic manipulation. If my long distant Vulcan ancestors manipulated themselves to this point or evolved here naturally is not known. We may never know. However, Vulcans can control their emotions and deal more effectively with their advantages. Humans do not show that same capacity. You wish to know if you remind me of Khan. You do not. Neither do you resemble a Starfleet officer. Lieutenant, you control your advantages better than Khan. That is all I can say."

"Thank you, Ambassador," Keegan said.

Commander Brown stood. "The prosecution has no questions for this witness."

"Very well," Admiral T'Lara said. "Ambassador, the court thanks you for your time."

"Lieutenant," Ambassador Spock said. "You are a curiosity."

"Is that good?" Keegan said through the security field of his cell.

"I did not apply morality or quality to the comment. It was only an observation."

"I want your approval, Ambassador," Keegan said. "I want to know what you value."

"I value the truth. I value logic. I value what helps the many. I thought you would know that."

Keegan nodded. "Yes. I hoped you valued redemption."

"Redemption is a selfish act. Do not redeem yourself, Lieutenant. Do what is right for the people of the Federation."

"I struggle with that, sir. I hope I will select the correct answer."

"I doubt I will be here to see that," Spock said. "I will likely die on Romulus. I suspect you are honest about your origin, but I am not certain that fully frees you from your heritage."

"No, Ambassador, you are correct, it does not. That will require vigilance and determination."

"That is the most correct comment you have made, Lieutenant. I hope you will succeed."

"Did you reprimand Lieutenant Commander Data for his action?" Keegan said.

"No," Captain Picard replied stiffly. "I did not."

"Please tell the court why."

"Lieutenant Commander Data believed he protected a developing sentient lifeform. It is the duty of Starfleet to seek such life, not order it to its death."

"Are they alive?" Keegan asked. When Picard did not answer, he said, "Captain? Are they alive?"

"Further study indicates only a rudimentary intelligence, but enough to justify Mister Data's actions."

"Those actions did not bother you?"

"No," Picard said. "He did his duty as a Starfleet officer."

"That duty permitted him to put your life at risk?"

"Yes," Picard said.

"If I served aboard your ship, how would you react to my actions?"

"Dismiss you immediately," the captain said.

"Why?"

"Your crimes were selfish."

"How so?"

"Objection, your honors," Commander Brown said. "Lieutenant Keegan is fishing for rationalization. Jean-Luc Picard was not his captain and does not sit in judgment of him."

"I agree," Chauhan said. "Mister Keegan, keep your questions more relevant."

"Yes, sir," Phil replied. "Captain, do you fear Lieutenant Commander Data?"

"No," Picard said harshly.

"Why not?"

"He has proven himself to me."

"Did you fear his brother?"

"What?" Picard said.

"Did you fear Lore?" Keegan pressed.

"I was aware of the danger he represented."

"How was Data's construction different from that of Lore?"

"Your honors," Brown said.

"This will all be made clear when I question Mister Data," Keegan said.

"This tribunal is not fond of tricks, Lieutenant," Chauhan said. "Keep that in mind. Captain, you may answer."

"The difference is one of programming only," Picard said.

"How would you, as Mister Data's commanding officer and friend, define the difference?"

"It is," Picard said, "one of character."

"Thank you, sir."

"No questions," Brown said.

"Your next witness," Admiral Pek told Keegan.

"Lieutenant Commander Data." Data took the stand. "Mister Data, I asked you to review my analysis of Starfleet Academy. What are your conclusions?"

"Your analysis has merit."

"Describe the differences between the Academy and the eugenic program that developed me."

"The Academy was not a conscious effort at eugenics. Development in the Academy is also much slower and does not exhibit the same emotional instability that affected many of your kind," the android replied.

"Very good," Keegan said. "Tell me, Mister Data, are you more intelligent than me?"

"Yes."

"Are you stronger?"

"Yes."

"Are you faster?"

"Yes."

"Longer lived?"

"Potentially."

"Why?"

"Well," Data said. "For one, my servo motors generate—"

"No, Mister Data," Phil said. "Not how. Why? Why are you stronger than I am?"

"I do not understand."

"I know how your body is stronger than mine. I am asking you why. Why did Doctor Noonien Soong make you that strong?"

"I do not understand."

"Is your strength necessary for your operation?" Keegan asked.

"I must be capable of movement to perform my duties," Data replied.

"The same could be said of a lawn mower. Could you still function—"

"Objection, your honors," Brown said, rising. "Mister Keegan is badgering a respected and decorated Starfleet officer. I move—"

"Objection overruled, Commander," T'Lara said. "We will hear this out."

Keegan waited for permission from the court before continuing. "Could you still function," he said, "if you were only as strong as a normal human?"

"Yes," Data said.

"Or as fast as a human?"

"Yes."

"Or with the lifespan of a human?"

"Yes."

"Then," Keegan said. "Why are you stronger than me?"

"My father designed me that way."

"Yes, he did. He also designed your brother that way, did he not?"

"Yes," Data said.

"Your brother was shut down and you were built because Lore frightened the colonists of Omicron Theta. Is that correct?"

"Yes, it is," Data said.

"Would Lore have been as frightening if he did not have his superior physical abilities?"

"I do not believe so."

"If Doctor Soong knew those physical abilities made humans nervous, why build you the same way?" Keegan asked.

"I do not know."

"Speculate. You are the foremost authority on Soong-type androids and Doctor Soong himself. Why would he do this?"

"Perhaps he felt safe with my programming."

"Why not simply transfer Lore's brain to a weaker body?"

"My brother would have rebuilt his original body," Data said.

"Why?"

"He did not want to be...," Data said, looking at the tribunal. "To be as weak as a human."

"Isn't that eugenic manipulation?"

"He was an android."

"Yes, Commander, but isn't it the android equivalent of eugenic manipulation?"

"Objection," Brown said. "Mister Data is not an expert in eugenics."

"Mister Data holds a degree in exobiology," Keegan replied.

"The court will hear Lieutenant Commander Data's analysis," Admiral T'Lara said.

Data continued, "One could argue that interpretation."

"And," Phil said, "If that interpretation is valid, you yourself are eugenic. Is that correct?"

"That is also plausible."

"Should you be in Starfleet, Mister Data?"

"It is not my duty to make that determination," Data said.

"No, it is not. It is the duty of a Federation tribunal. Will you request such a tribunal?"

"No," Data said.

"Why not?"

"I want to remain in Starfleet."

"Thank you, Mister Data." Phil returned to his seat.

Commander Brown stood and walked to the center of the room. "Mister Data," she began. The commander tapped her PADD.

"Commander?" Data said cautiously.

"Have you ever placed your own interests above that of the Federation or the crew of the Enterprise?"

"Once, when my brother deactivated my ethical subroutine."

"Have you, of your own free will, acted against the people of the Federation or violated the regulations of Starfleet?"

"No, Commander," Data said slowly. "I have not."

"Thank you, Mister Data."