IC Date and Time:    Fri Dec 03 05:03:28 2397
IC Stardate:         43794.30
OOC Date and Time:   Tue Sep 24 20:15:52 2002

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|   |  Brig Cell 1 [USS Yorktown]
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\__________| Visual Description |____________________________________________|

This brig is a very small room. The only thing in it is a small uncomfortable cot and a sink. Forcefields prevent people from leaving if they are sent here.

Alert tracers indicate that the ship is currently in external support mode.
You walk into a forcefield.
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/    ______| Contents |______________________________________________________|
|   /
|   |  Ruvick <IC> 
|   \______         _________________________________________________________
|    ______| Exits |_________________________________________________________|
|   /
|   |     <O> Aft - Security                 Brig Lobby                    
|   \________________________________________________________________________
\____________________________________________________________________________|

You say, "Mr Ruvick in your words please describe what has happened to you up until this point."
Ruvick says, "Sir, I attempted to report what was a mutiny to be now which i believe was not and was blackmailed that if i did i would get charges pressed against me for anything, with my JAG studies i know several UCMJ were broken in my apprehention. I was not read miranda and was not informed of my right to council."
You say, "Who is the arresting individual?"
Ruvick says, "Lt. Commander Ojax, he ordered me to report to the brig"
You say, "do you have any further information to provide at this time?"
Ruvick says, "Yes, Under Article 831, Section 31 I am requesting release do to illegal arrest"
You say, "I am not sure you are being arrested or that you have indeed been arrested until I speak with the arresting officer."
You say, "He did not escort you here.. He did not read you your rights.."
You say, "he did not submit any reports of arrest to the Command Staff."
You say, "I know this because I am part of the vessel's command staff."
You say, "Remain here.. and be cooperative until I return."
You say, "It is your right to refuse to answer any questions in my absense."
Ruvick says, "Then theres also the illegal apprension of not reporting to the command officer a arrest"
Ruvick says, "Aye, Sir"
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|   |  Captain's Ready Room [USS Yorktown]
|   \______                      ____________________________________________
\__________| Visual Description |____________________________________________|

An escape from the stressful duties of command, the Captain's Ready Room is designed to be used by the ship's commanding officer for rest, private meetings, or quick meals. A desk provides the perfect meeting and work station, while there is a couch along the entrance wall for rest and relaxation. Off to the other side of the room, there is a replicator and a private head. Behind the desk, there is a long, rectangular window which displays an exterior view of space.

Alert tracers indicate that the ship is currently in external support mode.
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/    ______| Contents |______________________________________________________|
|   / 
|   |  Cooper <IC>
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|    ______| Exits |_________________________________________________________|
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|   |     <O> Out                            Main Bridge                   
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Cooper nods to pesh, "Evenin'"
You say, "Commander cooper please excuse the intrusion, sir."
You say, "I would like to speak with you regarding the Mr. Ruvick."
Ojax arrives from the Out exit.
Ojax has arrived.
Ojax makes his way in, coming to attention, "Lt. Commander Ojax, Reporting as ordered."
You say, "Come in Commander."
Cooper nods, "Have a seat. Now, what about the Ensign you wish to speak about?"
You say, "We are waiting for Colonel Bryant"
Ojax makes his way in, and arches a brow, "I want to speak about the Ensign?"
Cooper says, "No, Commander T'Pesh does."
You say, "We will be gin."
You say, "It seems that Mr. Bryant must be preoccupied."
You say, "Are you the arresting officer?"
Cooper says, "Me? No. I woke up to find all of it up to when Captain KErsey arrived, done."
Ojax nods slightly, "I am..." he replies, plainly.
IC Date and Time:    Fri Dec 03 06:13:16 2397
IC Stardate:         43794.38
OOC Date and Time:   Tue Sep 24 20:33:19 2002
You say, "Please describe the events in detail leading to this arrest."
You say, "and I am having a security log of this discussion recorded."
Aymond arrives from the Out exit.
Aymond has arrived.
Ojax nods slightly, "Well.. when I came on duty shift, the Klingon Empire and the Romulan Star Empire were both ending conversations with us, with Second Lieutenant Ullan Apparently. I made my way to the bridge, and resumed communications, and at the same time, assed the situation Second Lieutenant Ullan was in, I was a bit apprehensive at first, for fear of the treaty becoming compromised. But after speaking with the Qang, he assured me that Second Lieutenant Ullan's methods of getting them the information they required, was quite Honorable, and respected by the Qang..."
You say, "Continue Commander."
Ojax nods slightly, "Well, the Ensign began getting apprehensive with myself, stating that the Lieutenant was out of line, that he was nothing but a weapon, not a diplomatic tool." he shakes his head, "Which kind of angered me, as I used to be a 'weapon' myself. I tried to inform the Ensign he needed to calm down, but he and the Lieutenant continued to argue, the Ensign threatening the Lieutenant with charges of Mutiny.."
You say, "And after the Ensign began to complain of Mutiny?"
Cooper leans back in his chair, and crosses his arms, listening.
Ojax says, "I attempted to get both of them to calm down, but the Ensign persisted. Soon after the conflict ws ended, and I had a meeting with the Ensign in the ready room. Informing him that he should leave this be to a control arguement, and that I would overlook his attempts at taking control of the situation, in his own attempt to get me to turn on Ullan, in turn, he would not persue charges on the Lieutenant, and I would not persue and charges on the Ensign himself. For his disrespect, and various other things."
You say, "Then are you or are you not arresting the Ensign?"
Aymond sighs, "I believe we're past that, he has already referred charges which are being acted upon by order of Starfleet Command, Lieutenant Commander."
You say, "There is a problem."
Ojax shakes his head, "The Ensign took my deal as a 'form of coverup', so he continued his pressing of charges, then pressed charges on me, for almost the same. So, as I told him, I arrested him for the charges I have sent off to those parties that would look over such...
You say, "The Ensign was told to report to the brig but was never officially arrested."
You say, "He was not at the time of the arrest given his rights nor was he informed of the charges or the reason that he must report to the brig"
You say, "Nor was the proper channels followed."
You say, "Or perhaps the XO was just left out."
T'Pesh turns to Cooper, "Did you receive charges, a report, or any complaints in a written offical capacity?" she asks.
Cooper nods, "I did...after the Ensign had been brigged."
Ojax smiles, "I am no JAG officer, and under the UNiform Code of Military Justice, Brigging only must require charges, which I did inform the Ensign of before I brigged him, as for his rights, I am not a qualified JAG officer, therefore I am not legally able to give the Ensign his rights."
You say, "The Ensign was not in the brig when I arrived and Mr. Ojax reported that he was trying to transport the Ensign to the brig and the Ensign was presenting with difficulties."
You say, "Anyone arresting is able to tell the Ensign his basic Miranda rights."
You say, "he has the right to remain silent and the right to counsel."
You say, "those rights are the same rights that are given during a civilian arrest."
Ojax shakes his head, "The Ensign was in the brig for a short time, and then a meeting was called, to which we all were attending in the observation lounge, after the meeting, he did not come out of such, to be put BACK into the brig. (OOC: He kept going OOC)"
You say, "At any time during this was the Ensign ever informed that he had a right to private counsel or assigned counsel?"
You say, "by anyone."
T'Pesh looks around the room.
Cooper says, "I did not handle the arrest, I assumed the propor protocal had been followed..."
Cooper looks at Ojax.
Ojax says, "While the Ensign was in the brig, he asked for counsel, I granted such, he stated Colonel Aymond for Counsel, I informed him I would contact him. I never got the chance, but shortly after his request, the Colonel arrived. (OOC: Read had to D/c, when I came on, Aymond was online)"
You say, "What are these charges?"
Ojax motions to the Colonel, "I believe I sent you a copy of the documents?"
Ojax says, "Or atleast to the Captain..."
You say, "I do not have these at this time.. and in the interest of time please state them."
Cooper , although has them on a padd in front of them, wait for Ojax to state them.
Ojax nods slightly, "Without the section numbers and all the formal junk, Disrespect toward Superior Commissioned Officer, Mutiny or Sedition, False Statements, Riot or Breach of Peace, Extortion, and Conduct Unbecoming An officer and a gentlemen.
Aymond raises an eyebrow. "Why, pray tell, did you file Mutiny?"
T'Pesh quirks a brow.
Cooper adds on, "And some of which have been dropped by a review of the charges by Captain Kersey.
You say, "Riot or Breach of peace requires further explaination as well."
Cooper slides a padd across the desk to Pesh
Ojax nods, "Indeed, that has been dropped. As for Breach of peace, He unsettled those on the bridge, as well as the Klingon Empires Qang, and the Romulan Star Empire's represenative, who were all quite angry at the Ensign's attempt to 'fake brig' Lt. Ullan, to 'stall for time'.
Aymond raises an eyebrow. "Do... what?"
You say, "THe Qang and the Romulan Representative had direct contact with the Ensign?"
Cooper says, "Those are charges that still stand against Ensign Ruvick, and charges filed by Captain Kersey of Starfleet Command"
You say, "Why has captain Kersey filed charges? was he present at the time?"
Ojax says, "No, the Ensign continually suggested that we fake brig the Lt. My constant neeeds to stop and speak to the Ensign about why we were not going to do such, angered the Klingon and Romulan represenatives, stating that we were stalling to figure out lies to tell them.""
Aymond hrms. "Captain Kersey appears to be filing charges as a conveining authority."
You say, "I find Captain Kersey's juristiction in this matter questionable."
You say, "Captain Cooper is Ensign Ruvick's commanding officer."
Cooper says, "I reqeusted him to come, and review the charges."
Aymond says, "I have noticed this, as well. Captain Kersey appears to be acting as Chief of Starfleet Operations in this matter."
You say, "While the Ensign's behavior was disruptive and insubordinate.. he did not incite a riot nor did he directly have any breach of peace. Non-Judicial punishment can be rendered.. and can be rendered by the Ensign's Captain in this matter."
Cooper says, "I would prefer Non-Judicial punishment over a court-martial."
Aymond says, "As I have stated, unless all charges are met, I recommend non-judicial punishment."
You say, "I believe the Ensign requires further training. He is a rookie so to speak and has just graduated from the Academy. It would be in both the best interest of the Ensign and the Fleet to reform this individual rather than end his career in the fleet."
Ojax nods slightly, "I agree with Non-judicial punihsment, and submit myself as well, for punishment, for my brashnesss and harsness towards the Ensign."
Aymond says, "Lieutenant Commander, I cannot find a rating for you. Who is your commanding officer?"
Aymond says, "Lieutenant Commander, I cannot find a rating for you. Who is your commanding officer?"
Ojax shakes his head, "I have not been informed of one, Colonel... I've merely been floating. Mostly on Spacedock."
You say, "Was Mr. Malink granted authority to speak as a diplomat?"
Ojax shrugs, "I figured it was a minor clerical error, that would be remidied sometime in the future, no need to pry on my part."
Ojax shrugs, "All of Mr. Malink's statements were done before I approached the bridge."
You say, "at anytime did Mr. Malink report under who's authority with which he was speaking with the Qang and a Romulan representative?"
Cooper says, "Noone present on the bridge were authourized to speak as a diplomat, and Mister Ojax is merely a guest onboard."
You say, "Mr. Ojax is also a witness."
You say, "I am requesting more information."
You say, "If he does not know the answer.. he can simply state such."
Ojax shrugs, "Agian, I am note sure, I arrived later."
Aymond hrms.
You say, "And because Mr. Malink was acting on his own authority, Colonel Bryant.. Mr. Ruvick was well within his rights to question the situation.. indeed.. it was his responsibility to do so."
Aymond says, "The charges I am interested in appear to stem not from this, but from his 'you do this, I won't do this' demanding."
Aymond says, "As well... Does anyone here have Lieutenant Malink's report?"
Aymond says, "Since he stated on report that he was a diplomat."
You say, "this stems from Mr. Ruvick's lack or experience or training for such a situation.. and falls under insubordination as a charge."
Ojax says, "The Ensign.. insisted, that I press charges upon Mr. Malink, otherwise I would be charged as well, I told him that I would not persue charges on Mr. malink, therefore, I myself got charges.""
Ojax nods, "I have such a report..
You say, "Anyone has the right to file charges.. whether or not those charges are sustained are another thing."
Aymond says, "Actually, Commander, only a superior commissioned officer in the chain of command may file charges. Anyone may request of the officer's CO that charges be filed, reporting a criminal act."
You say, "And if Mr. Ruvick were to press charges it is indeed proper procedure to issue a warning in the event that the perpetrator is ignorant and would desist should they be better informed."
Aymond says, "Commander Cooper, is Ensign Ruvick a security officer?"
Cooper nods.
Aymond says, "Commander, it sounds like that the Ensign is threatening the Commander, compelling him to file charges. Commander Didorian, did you feel you had the authority to file charges against Lieutenant Malink, or there was sufficient cause?"
Ojax shakes his head, "No, on both cases. There was no sufficient need on my own, to file charges on the Lieutenant. Also, him being in the Marine Division, I believed I had no authority in said area, to properly file and persue charges, be it need be shown."
You say, "Commander Didorian, did you inform the Ensign that you are a guest on board this vessel was not in a position to file charges?"
Ojax looks to T'Pesh, "No. I was to preoccupied with my frustration, I must have overlooked such."
You say, "That is a logical result of such an emotional experience."
You say, "Thank you Commander Didorian.. I have not further questions for you at this time.. I would however like to speak with Commander cooper and Colonel Bryant alone at this time unless they have more questions for you."
Ojax looks to the others, standing, ready to leave, unless something else is brought up.
Ojax has partially disconnected.
Aymond says, "I have no other questions, yet. I will contact you, Commander Didorian."
Cooper says, "I have no questions either."
T'Pesh waits for Ojax to leave.
Cooper says, "Dismissed, Mister Ojax."
Ojax makes his way out..
Ojax leaves through the Out exit.
Ojax has left.
You say, "Commander Cooper.. you require some training as to the JAG procedures and responsibilities of Command staff."
You say, "Perhaps Colonel Aymond can assist you with this when this is over."
You say, "There was no need to involve Captain Kersey."
Aymond says, "Usually, it is the job of a SJA to advise a Commanding Officer, not an acting CSF."
Aymond says, "That's why we're here, to advise."
You say, "I am unsure if it will be a simple matter to exercise NJP now."
Cooper nods, "I'll begin as soon as possble, Colonel, Commander."
You say, "Since Captain Kersey filed the charges.. he may not be willing to allow you to issue the NJP as is your right as his CO."
T'Pesh turns to Aymond, "What are our options at this time?"
Aymond says, "As of now, Captain Kersey has filed charges as Starfleet Command. This means that a court-martial investigation proceeding has begun, with investigations into your client and Lieutenant Malink."
Aymond says, "Starfleet Command has taken jurisdictional authority, which means that the results of these investigations he has ordered go not to Major Masters or Commander Cooper, but to Captain Kersey for further action. He has already administered NJP to your client and Commander Didorian."
Aymond says, "Here's the mails."
You say, "if he has administered NJP.. then why is there any further investigation?"
Aymond says, "Because he added additional charges as COPS."
You say, "if he has administered NJP then he has already determind the Ensign to be guilty without the benefit of a trial."
Aymond says, "I've noticed this, unfournately, Captain Kersey has decided to administer justice without consulting JAG."
Aymond says, "Or even informing them."
You say, "Then we must also speak with him.."
Cooper says, "I belive the NJP was for the fact that they made charges that should not have been made, and the training is to correct that."
You say, "for he may to be brought up on charges for denying the Ensign his right to trial."
Aymond says, "Oh, its going to be good, Commander. Take a look at the charges, see which were NJPed, and which are investigated."
Aymond says, "I'm trying to figure out if he made a procedural mistake, or a full idiotic mistake."
Cooper says, "I have Lt. Drysdale investigating those charges that weren't dismissed."
You say, "He does not state what the NJP is for"
You say, "Also, Captain Kersey is Base Command."
You say, "Not Fleet Operations."
Aymond nods. "No, he does not. I am at a loss as to what to think. Unfournately, since we haven't been called... Its annoying as hell. Captain Kersey has assumed command of Fleet Operations as Admiral Moore is incapacitated.
You say, "this did not occur on his base so I still question his juristiction."
You say, "Has he assumed it.. or has He been appointed to do so by Moore or Murphy?"
Aymond says, "I have seen no paperwork on this. Has anyone?"