Chapter 5
Evidentiary Ruling
The following day, Mendez began the proceedings by announcing: "The Enterprise is will reach Talos IV in a few hours. If it is confirmed that the Enterprise has entered orbit around that planet, this tribunal will be compelled to consider application of the Federation's most severe sanction. Do you understand that, Captain Kirk?"
Kirk responded soberly. "I do."
Mendez continued: "Further, this tribunal is of the opinion that, though the principal evidence so far presented by Captain Kirk is from an unlawful source, the tribunal will take into consideration all of the evidence presented so far, and will not disregard it. The tribunal is concerned, however, about presentation of any further evidence, considering its source. Captain Kirk, some of us on this tribunal want to see more of of the transmission, and some of us want to discontinue viewing these images. Before I rule on the propriety of any further images as evidence, I would like to give you an opportunity to be heard."
Kirk stared directly at Mendez. "This tribunal has asked me to explain why I did what I did. I can say with some confidence, that this tribunal has seen nearly all of the images that I intend to present. If it pleases the tribunal, all remaining images can be viewed before the Enterprise reaches Talos IV. Further, the remaining images will answer the tribunal's question as to why."
"You're saying, are you, that the images are nearly concluded?" Mendez asked.
"Yes," Kirk nodded. "Because the tribunal has already viewed the previous images, it would be in the tribunal's interests to see the entire transmission."
"It is my view," Mendez intoned, "that General Orders flatly prohibit evidence of this kind, and make no exceptions. Commander Ramkumar is of the view that the remaining images ought to be shown for completeness of the record, and that it would be in the interests of justice to view further transmissions to learn Captain Kirk's intentions, which are essential to his defense." Mendez swallowed. "Captain Chang, however, sees the question more or less in the same way I do. Therefore—"
"One moment, Commodore," Chang interrupted. "I would like to put some questions to Captain Kirk before the evidentiary ruling is made formal." Chang faced Kirk. "Captain, can you make an offer of proof as to what the remaining images will depict, so that we can decide whether or not to view them?"
Kirk hesitated before answering. "This tribunal has seen much already, and no doubt deems the tale of Captain Pike to be, let us say, fantastic. I can say only that the most stunning revelations are yet to come. I am not trying to titillate the tribunal's curiosity by saying so, but any explanation or summary that I might offer at this time would be difficult to believe. To understand why I did what I did, the tribunal must see the rest of the transmissions."
Chang followed up: "Are you taking Captain Pike to Talos IV to prevent any action against us by the Talosians? We're not at risk of war or conflict, are we?"
"No," Kirk said. "I am aware of no threat posed to the Federation by Talos IV. Further, our goal was not to deter the Talosians from taking any sort of hostile action."
"Are you trying to address or prevent some sort of emergency or crisis?"
"No."
"Does taking Captain Pike to Talos IV in any way constitute an act of hostility toward the Talosians?"
"No, Captain Chang. It is the opposite. The Talosians want him back."
"They want him back?" Chang was incredulous. "In the condition that he is now in, they want him to return to their planet?"
"Yes. The reasons why they want him will be in the remaining images. I can state for the record that, according to our plan, it will be Captain Pike's decision whether to remain on Talos IV or return to this starbase."
Chang sat emotionless, then turned toward Mendez and announced, "I have changed my opinion. I want to see the remaining portion of the transmission."
Mendez's shoulders fell. He sat silent for a few moments, then grit his teeth and said, "Screen on." The courtroom darkened.
For the next half hour, the tribunal observed how the Enterprise tried to rescue its captain, and how Pike tried to resist mental incursions by the Talosians, and how two women had been kidnapped from the Enterprise as potential mating replacements for the lady Vina. The women had brought weapons with them, but the weapons appeared to be deactivated. Pike surmised, however, that the deactivations of the weapons were illusory, and that the weapons were actually in working condition. The tribunal watched the monitor screen as Pike, acting upon the belief that the weapons were indeed functional, used a weapon to capture the Talosian Keeper. He planned to use the Keeper as a hostage, and he prepared to make his escape from captivity.
The images were interrupted by an audio message: "Piper to Commodore Mendez, urgent!"
"Screen off," Mendez ordered, then touched a communications button. "Mendez here; what is it, Lt. Piper?"
"Sir, the Port Master has just notified this office that Starbase 11 seems to be missing a warp-capable shuttlecraft. The Picasso is gone."
"What's the urgency?" Mendez asked with irritation. "Can't this wait?"
"Sir, Port Master Gussell reports that the craft has gone missing upon your orders, and that any explanation would involve disclosing classified information. Port Master Gussell is waiting outside your courtroom and insists that she speak to you right away."
"All right," Mendez sighed. "I will speak to her in a few minutes. Mendez out." Mendez glared at Kirk. "Apparently, one of this starbase's Class F shuttlecraft is missing. Captain Kirk, do you have any evidence or testimony that might have any bearing upon this missing spacecraft?"
Kirk seemed unfazed by the question. "No, Commodore, I have nothing to offer."
"We've seen the images you've been showing us, Captain Kirk," Mendez pressed. "We've seen how the Talosians can make things disappear before the very eyes of the witnesses. Could the disappearance of our shuttle be an illusion created by the Talosians? More importantly: Are the Talosians projecting illusions at this starbase? Are the Talosians doing more than transmitting images to us? Are they screwing around with our minds?"
Kirk spoke with formality. "Sir. It is my testimony that the Talosians, if they were inclined to cast illusions at this starbase, would not exercise those powers to cause a shuttle to disappear."
Mendez harrumphed. "Is that all you have to say?" When Kirk said nothing further, Mendez harrumphed again, and announced a brief recess.
As Kirk was escorted out of the courtroom by two red-tunicked security officers, Kirk passed Lt. Commander Gussell, who was waiting just outside the door. Gussell was genuinely surprised to see Captain Kirk. When she entered the courtroom, she was even more surprised to see Commodore Mendez.
Mendez, Chang and Ramkumar remained seated as Gussell stood at attention. Mendez told her to stand easy, and she did.
"Port Master Gussell," Mendez began, "you report that a shuttle is missing?"
"Yes sir," Gussell replied. "Actually, it was Port Master Ferranti who noticed that Shuttle One, the Picasso, is unaccounted for. The craft was listed as 'inactive'; but earlier today Port Master Ferranti noticed that the Picasso was not in its proper location. He tried to determine its location, and was unable to find it anywhere on the starbase. He was able to determine that there is no evidence that the craft was destroyed. He reported to me that the craft's current location and condition are at the present unknown."
"When was the most recent time that that shuttlecraft's location and condition were known?" Mendez asked.
"Sir, I can answer that," Gussell interjected. "But I must advise the Commodore that my answer may include classified information."
Mendez gave an apologetic glance toward Chang, then toward Ramkumar. "All right," Mendez demurred. "You and I will meet privately." Mendez then told Chang and Ramkumar and said he would contact them later.
Mendez met with Gussell, and she told him her tale.
When he finished speaking with Gussell, Mendez dismissed her and asked Chang and Ramkumar to join him. Mendez explained to them the significance of Gussell's revelations, as he understood them. For the next three hours, the members of the tribunal privately discussed this development.
They also discussed the assault upon Chief Humboldt, and Captain Pike's distinguished service with Starfleet. They further discussed the substance of Captain Kirk's testimony, as well as his demeanor.
They discussed the interests of justice.
And they agreed that it was crucial that they let the drama play out, and that they must see the remainder of the Talosian transmission.