STARDATE 55434.01: Eighteenth Day of the Trial

"Gordon's Island, near Borneo," the computer said. "A mass grave of four hundred and forty-eight people was discovered on this island in twenty-seventeen. The site was dated to between nineteen seventy-seven and nineteen eighty-three. No reason was found for the grave. The event was attributed to the eugenics, but never confirmed."

"The defense wishes to enter this information into record," Keegan said.

"So noted," Admiral Pek replied.

"The defense calls Captain Montgomery Scott to the stand."

The fifty-year space veteran walked to the witness chair with a snarl and a grunt. He sighted down the length of the room and watched Keegan rise and walk around the defense table. Keegan gave the captain a moment of unrestrained hatred before he began.

"Captain Scott—"

"You'll get no help from me."

"Captain," Admiral Chauhan said. "You may be retired, but you are still a Starfleet officer. I expect you to do your duty."

"Aye, sir," the captain said. "Ask your damn questions," he said to Keegan.

"Thank you, Captain. Do you fear me?"

Captain Scott ground his teeth hard. "Yes."

"Why?"

"Why?!"

"Yes, Captain," Keegan said.

"What the hell do you mean 'why'?!"

"Captain Scott," Chauhan said. "Please control yourself."

"Aye, sir," he said. The captain turned to Keegan. "I fear you for what your kind did."

"My kind, Captain, but not me. What did I do?"

Captain Scott watched Keegan in silence.

"Captain, what did I ever do to you?"

"Not a damned thing," he said.

"So, you fear Khan."

"Aye."

"Why?"

"Is that your question?"

"Captain," Keegan said. "Please respond."

"He tried to kill the captain, is all. And killed my own nephew. And Mister Spock. Is that reason enough for you? He tried to take the ship. When he couldn't get it, he tried to destroy it. Is that reason enough to fear him?"

"No," Keegan replied. "It is not. The people you mentioned were all Starfleet officers. They knew the risks."

"The hell they did! My nephew was a cadet. He didn't know a damned thing."

"He knew to stay at his post," Keegan said.

"Damned straight! And it got him killed."

"Shouldn't he be commended for that?"

"No, damn it! He should be alive."

"But, he was Starfleet. He knew the risks when he applied."

"The damn scientists didn't!"

"Scientists?" Keegan asked. Simone Brown and Anzhelika Ponomarev leaned forward together. Their eyes met. For the first time, Anzhelika saw the cunning of her client. She didn't like it.

"Aye," the captain continued. "The scientists of Regula One. He killed them, tortured them! I saw the bodies. Do you have any idea what he did to them?!"

"Yes," Keegan replied. "He tortured me the same way."

Captain Scott's face drained of blood and anger, and he fell back.

"Objection!" Commander Brown said. "Move to strike."

Keegan turned his head around toward Commander Ponomarev. He raised an eyebrow at her.

She spoke in a stilted voice. "A spontaneous declaration should be reviewed by the court for admission."

"That was not spontaneous!" Commander Brown said.

"The declaration occurred in open court without prompting from the prosecution," Ponomarev continued. "It deserves review."

Chauhan, watching Keegan, said, "The defense co-counsel is correct. The statement will be reviewed. Mister Keegan, I assume you have no further questions for this witness."

"No, sir," Keegan said. "I do not."

"This court stands in recess for the next twenty minutes," Chauhan said. "Mister Keegan, I suggest you take the time to speak with your co-counsel."

Back in the holding cell, and alone with her client, Anzhelika Ponomarev tried to pace away her anger. "What the hell were you thinking?" she yelled.

"I needed them to know the information."

"Not like that!"

"I needed them to understand," Keegan said.

"By embarrassing a legend of the Federation? Are you insane?!"

"They needed to hear it."

"Hear what? What did he do? Why did he do it?"

"I cried," Keegan said. "We all did when our parents were killed. The scientists would torture us for an hour each week, so we would not fear pain. Khan increased it to three hours every day until we stopped crying. He took three sessions with me himself. He was very professional in his work."

"Tell them that, for god's sake. That's what you do in the Federation. Tricks like this, manipulations, are wrong. Do you have any idea how much you've damaged your case?"

"No," he said simply.

"I made myself believe you belonged in Starfleet. I'm not sure now. When we go back out there, you damn well better do things the Federation way."

"I understand."

"That ace, can you still use it?"

"Yes, but I don't know if I should."

She exhaled as much anger as she could. "You must do what is right."

"I am beginning to understand that," he said.

When they returned to the courtroom, Admiral Chauhan asked Keegan to explain his comment. He did.

"We believe you, Mister Keegan," Chauhan said. "However, we do not agree with your method of presentation. In addition, we feel the information, though exculpatory, is supplemental to the events on Gordon's Island. We do not need that information to understand you suffered as a child. The statement will not be admitted."

The admiral asked Commander Brown if she had any questions for Captain Scott. She did not.

"Mister Keegan?" Chauhan said.

Keegan stood. "The defense rests," he said.

"Very good," Chauhan replied. "Is the prosecution ready to begin?"

"Yes, sir," Simone said. "The prosecution calls Voyager's Emergency Medical Hologram." The Doctor walked down from the gallery to the witness chair. He sat, scowled briefly at the defendant and tilted his head toward the prosecutor. "Tell me, Doctor," Commander Brown continued. "How long have you believed you were sentient?"

"For about five years."

"According to Doctor Zimmerman, that is unlikely."

"My 'father' has some restricted notions about the development potential of my program. Why, five years ago, I had already acquired an interest in opera and the classics. I developed advanced medical techniques. I studied holography, my own existence, philosophy—"

"The defense concedes the Doctor's personal development," Keegan said.

"Thank you," T'Lara said. "Commander Brown, please continue."

"Yes, sir. Doctor, how do you regard Lieutenant Keegan's action?"

"The lieutenant took from me my right to choose. He stole a portion of my sentience."

"Explain please," the commander said.

The Doctor smiled. "Scientists define sentience as possessing intelligence, self-awareness and consciousness. I disagree. I believe it is the act of desire. A machine does not want. I do. I want to live. I want to think. I want to feel. I want to improve myself. With desire comes choice. My program will hold only so much. I must choose which information I will learn and which skills I will possess. If I choose to learn an opera, I must leave out a musical. My desires define me, so my choices define me. Lieutenant Keegan took my right to choose."

"Did you have the right to choose?" Brown asked.

The Doctor shrugged with excess. "I am not an admiral, no. I do not know Federation law as well as I might. But, I do know doctor-patient confidentiality."

"You also know you must tell your captain of any illegal acts whether confidentiality applies or not. Could you resolve this issue?"

"As I said, no. I would hope the lieutenant would think enough of me to trust me."

"What if you were wrong? Could you take that chance?" Simone Brown said. "You had the ability to destroy a man's life. Did you have the right to make that decision? Would any doctor, flesh or otherwise?"

The Doctor tilted his head to the side in deep contemplation. "No," he said. "No doctor would."

"Does that excuse his act?"

"No," the Doctor said slowly. "He should have found another method."

"Such as?"

The Doctor started to answer, paused and started again. "I don't know. I don't know the extent of his skills."

"You leave him very little alternative."

The Doctor paused again, with more flair. "I was not to blame for his situation. I should not have been made a victim of it."

"Thank you, Doctor." Commander Brown returned to her chair.

Commander Ponomarev began to stand, but Keegan put a hand on her arm. He stood in her place and walked to the middle of the room.

"Tell me, Doctor," he began. "What do you think your decision would have been?"

"It's difficult to speculate."

"I trust your ability to do so," Phil said with a smile.

"I might have reviewed your life aboard Voyager up to that point."

"And?"

"You did not seem to show too much mental instability."

"Then, Doctor, tell us your decision."

"I would need to know if you posed a threat," the Doctor said.

"Did I?"

"I'm not certain."

"Guess, Doctor. What would you have thought?"

"Objection," Brown said.

Keegan turned around, clearly surprised.

"The Doctor's program suffered a breakdown from an ethical feedback loop," Commander Brown continued. "The lieutenant's questions may cause another breakdown."

"Lieutenant?" T'Lara said.

"That was not my intention," Keegan said slowly.

"Doctor," T'Lara asked. "Do you feel you can continue."

"Yes," he said. "With respect to the prosecutor, I am perfectly safe."

"Very good," Brown said.

"Lieutenant," T'Lara said. "Please continue."

"Doctor," Keegan said. "What is your answer?"

"Some of your actions appeared suspicious."

"Were they?"

"I don't know."

"How long do you think you would wrestle with this question?"

"I can't say."

Phil sighed carefully. "Could you ever answer this question?"

"I don't know."

"Is your duty more to the ship or your oath as a doctor?"

"They are the same if you posed a threat."

"Did I?"

The Doctor paused, tilting his head and spreading his hands. "I'm not sure."

"Are you not sure because of my actions in the last five years or the two previous?"

"I don't know."

"Then or now?"

"Either," the Doctor replied.

"Then, if I had asked, would you have accepted the subroutine willingly?"

The Doctor arched his eyebrows and turned his head to one side. Then he arched them again and turned his head back. "I believe I would," he said. "But how would you ask me?"

"The memory buffer on the holodeck," Keegan said.

"What?" the Doctor replied.

"When you use the holodeck, your active memory is stored in the buffer. I could have extracted that memory into the holodeck and asked it. It would not have access to your core program and would suffer because of that. Had I asked it the question, its decision would match yours to within ninety-seven percent."

Commander Brown stood. "The prosecution asks Doctor Zimmerman to confirm that value."

Zimmerman stood and walked to the edge of the gallery.

"Doctor Zimmerman?" T'Lara asked.

"I estimate ninety-four percent," he said.

"Thank you, Doctor," T'Lara replied. "Lieutenant, please continue."

"I have no further questions," Keegan said.

"Redirect?" Chauhan asked. Commander Brown shook her head. "Doctor, you may step down. Commander, your next witness."

"I'm sorry, Lika," Phil whispered.

"For what?"

"For not telling you this."

"The prosecution calls Sarina Douglas," Brown said in a clear voice.

Sarina, shy to the point of non-existence, slipped down from the gallery almost unseen. She pulled herself back into the witness chair and kept her eyes well away from Lieutenant Keegan. She was sworn in and smiled at Simone Brown.

"Professor Douglas, I asked you to research Lieutenant Keegan's claims and his background prior to his abduction by the Caretaker. Could you tell us your findings?"

She nodded and took a quick, shallow breath. "Philip Keegan attended the Massachusetts Institute of Technology and earned Master's degrees in physics and mathematics. He also assisted in the development of the first fusion reactor."

"Was he responsible for the design used to detonate the reactors?" Brown asked.

"No," Sarina whispered and shook her head for emphasis. "Though I consider it unlikely that he did not know of its existence."

"Is he the author of Cochran's Unclaimed Thesis?"

"Yes," she replied with a nod.

"Anything else?"

Sarina turned her face and body toward Philip Keegan. "He murdered a man in cold blood in nineteen-ninety-two."

Simone and Anzhelika spun toward Phil. The admirals, the gallery, the eyes of Kathryn Janeway all moved to him. He didn't twitch. He hardly blinked.

"Well done," he said softly.

"Objection, Lieutenant?" T'Lara said into the heavy silence.

"None, your honor." His eyes remained on Sarina.

"Commander Brown," T'Lara said. "Please continue." Simone did not respond. "Commander, are you able to continue?"

"Yes," she said. "My apologies to the court." She straightened her tunic with a snap. "Professor, why did no one else find this information?"

"Someone hid it very well," Sarina replied still watching Phil.

"How could that be?"

"He was acquitted. Some assumed his disappearance was the result of revenge. No further action was needed."

"Why was he acquitted?" Simone asked.

"According to the medical examiner, no human could do that much damage to a person's skull without mechanical help. No machinery was found."

"Is that analysis true of a eugenic?"

Sarina finally turned her head to Commander Brown. "No," she said.

"How did the victim die?" Simone asked.

"I shoved his skull into a stone wall," Phil said.

"Why?" Sarina said softly.

Phil drew a deep breath and let it drain out of him. "Do you know how much I hate Khan Noonian Singh?"

"Lieutenant," Chauhan said. "If you have pertinent information, please enter it into the record."

"Has the prosecutor completed her questioning?" Phil asked.

"Yes," Brown said. "No further questions."

"Lieutenant?" Chauhan said.

"Professor Douglas, do you fear me?"

"Yes," she replied.

"Why?"

"You don't know what you are," she said.

He laughed, slowly. "I wish that were true."