______                                     
                                  _-' .   .`-_                                  
                              |/ /  .. . '   .\ \|                              
                             |/ /  .  . _|_ ...\ \|                             
                           \|/ |: .._|_. | .. ..| \|/                           
                            \|||.`.. |... _|_ . |||/                            
                           \__| \  . :. . .| . / |__/                           
                             __| \  .     ' '_/ |__                             
                              __|  `-______-'  |__                              
                                 -,____  ____,-   &nbbsp;                             
                                   ---'  `---    &                               
                          Starfleet Command Communique                          

Lt. Commander Aymond Bryant is hereby assigned as trial counsel in the case of United Federation of Planets vs Recruit Ullan Malink. Recruit Malink has assigned Lt. jg. T'Pesh as his defense counsel. The following charges have been accepted by Starfleet Command:

* Article 90: Willfully disobeying a superior commissioned officer.

* Article 90: Assaulting a superior commissioned officer.

* Article 94: Mutiny or Sedition.
 

These are the punative articles with which Recruit Ullan Malink is charged with. Both trial and defense counsel will have proper time to prepare for the trial.

That is all.

                                 Adm N.J. Blake                                 
                         Chief of Starfleet Operations                          
                            Starfleet Command, Earth                            
==============================================================================

IC Date and Time: Fri Jan 25 01:36:48 2396
OOC Date and Time: Sun Apr 07 15:52:16 2002
 ___
| | Sickbay - Deck 15 [USS Reprisal]
| \______ ____________________________________________
\__________| Visual Description |____________________________________________|

This large compartment is a significant upgrade to the Sickbay facilities on earlier Galaxy-class vessels. Fifteen diagnostic biobeds ring the outer wall of the room, each topped by a readout of all biometric data on the current occupant of the bed. In an alcove area to the left is an advanced surgical suite, dominated by an operating table whose 'clamshell' surgical support frame can slide up and into place over the patient, providing all manner of surgical support and sterilization functions. A number of stand-alone diagnostic and computer interface workstations stand at various locations throughout the compartment, giving doctors, nursing staff, and med-techs instant access to treatment related data. In the center of the room, partitioned off by a transparent aluminum wall, is the Chief Medical Officer's office, complete with a large desk/work station. A corridor on the right hand side of the compartment curves away, leading to various medical labs, specialized null-g treatment rooms, and the ship's morgue.

An overhead light illuminates the room.
 __________ ______________________________________________________
/ ______| Contents |______________________________________________________|
| / 
| | Medikit <#8188> 
| | Ullan <IC> 
| | Medikit <#6994> 
| | Sickbay Console
| \______ _________________________________________________________
| ______| Exits |_________________________________________________________|
| /
| | <OF> Office CMO's OFfice - Deck 15 
| | <O> Out Main Corridor - Deck 15 
| \________________________________________________________________________
\____________________________________________________________________________|
Ullan
The humanoid before you is clearly a betazoid as testified by his pale white skin and characteristical eyes deep pools of endless obsidian. His raven black hair is held back in a ponytail though some of it hangs in 'bangs' from his forehead. Heavily armored and ready for battle, upon this soldier's form are the Armored Fatigues of the Starfleet Marine Corps. A uniform of several pieces, the soldier is wearing a black turtleneck shirt where over lies a thick space-black jacket with several embedded armored pads that protect the body with form fitting precision. Worn over his left breastplate, a Starfleet compin is attached made of a flat-black, nonreflecting material. Stitched in gray in the right of his chest is a name, 'MALINK', but for some reason the rank pip has been torn from it's place. His upper and lower arms are protected by small armored plates, a form fitting pair of shoulder guards come down from a collar protecting ring. Utility pockets on his space-black cargo pants are made available on his mid-calves. A space-black belt wraps around his waist with a holster ring large enough for a compression rifle. Embedded into the pants are the same armored plates that protect the rest of his body. Heavy black boots made of a sleek, but stealthy material protect his feet.
Ullan says, "I will not deny the second count on article 90, the assaulting a superior officer. However, I strongly deny disobeying orders and mutiny"
T'Pesh nods to Ullan and says, "I am going to start a log of our conversation from this point. I would like for you to the best of your ability recount the events as they took place that day. Please include when and where the events took place. Start at the beginning."
Ullan nods "Okay" and takes a deep breath "It all started when I returned from guard duty, and went to the barracks to get some sleep. The ship went to red alert and as Standard Procedure demands I geared up for battle. Moments later a call came in, I was to meet Lieutenant Commander Hendricks in the transporter room. From there on we were beamed to the Yorktown to assume bridge duty. Hendricks took helm, I took tactical"
T'Pesh nods listening.
[UFP|USB Epsilon Eridani]: New ship contact: contact (4).
Ullan continues after a while, as if making sure his memories are accurate "Admiral Hoosier gave an order to Lt. Cmdr. Hendricks to set course for ch'Rihan directly and ordered me to bring all weapons online while he ordered the torpedo room to prepare the special warheads. At that point on, I asked the admiral what we were attacking. He said he did not know and that he had no idea of the opposition. What happened next was like an hour compressed into a minute... I told the admiral that I wished to step down from my console, as I did not wish to help initiate a battle that would claim lives. I also requested permission to contact a Romulan representative. The admiral said it would not help but told me to go ahead anyway while he opened a viewscreen transmission to the USS Reprisal"
[UFP|USB Epsilon Eridani]: USS Alabama docks with USB Epsilon Eridani.
T'Pesh says, "What happened next?"
Ullan closes his eyes with a sigh "As admiral hoosier predicted, the communication attempt was unsuccessfull. Meanwhile, he had opened a viewscreen transmission to the Reprisal. As soon as Lt. Cmdr. Hendricks saw me reach for my compin, he yelled out traitor. I ignored him for the time being. Admiral Hoosier informed Captain Kersey of my decision to step down and told him to talk some patriotism back into me. After a fruitless discussion with the Captain, I asked several times that the ship be halted as a battle under the current conditions would lead to many losses. That was later proven right, after the battle.... However, since diplomacy did not seem to work, and a security team was dispatched to escort me off the bridge while Commander Trysten took my place, I reached back to my marine training on Standard Procedure during boarding operations if the ship must be halted with minimum damage. I stunned Lt. Cmdr. Hendricks, taking great care not to injure him"
T'Pesh nods and listens.
[UFP|USB Epsilon Eridani]: Quadrant subspace transmission sent.
Ullan goes on, eyes still closed "At that time, Admiral Hoosier left the bridge and went to the battle bridge, raising forcefields as he went, trapping me and Commander Trysten on the bridge. I went to the helm console to stop the ship, however control was locked out. I attempted another communication, but those were jammed from the battle bridge. At that time I left the helm console and went over to Commander Trysten. I asked him to please halt the ship, in the assumption that he could overwrite the console lockout. Before I got any answer, he and Lt. Cmdr. Hendricks were beamed off and a security team was beamed in. The security asked me to drop my weapon, which I did. Afterwards I assumed the standard position with hands raised and visible. Several moments later I found myself in the brig of the Yorktown. After the battle had ended, moderate damage had been done to Starfleet vessels resulting in the loss of 50 Federation lives"
[UFP|USB Epsilon Eridani]: Shields set off.
T'Pesh says, "And prior to this you had been deprived of sleep?"
Ullan nods "36 hours"
[UFP|USB Epsilon Eridani]: Border reporting enabled.
T'Pesh says, "Thank you.."
[UFP|USB Epsilon Eridani]: Hilite color set to: hg.
T'Pesh says, "I'm going to speak with some of the other witnesses."
Ullan says, "Thank you for listening to me, you are the first to really do so since the incident. There was an interview with my CO, but my council was not present"
T'Pesh says, "Is there a security log of this interview available?"
Ullan says, "I don't know"
T'Pesh says, "your CO as in Kersey or the Marine CO?"
USS Reprisal deactivates all systems.
From CMO's OFfice - Deck 15, USS Reprisal deactivates all systems.
Ullan says, "My CO in the COC, 1st Lieutenant Kage"
[UFP|USB Epsilon Eridani]: Quadrant subspace transmission sent.
[UFP|USB Epsilon Eridani]: Shields set on.
T'Pesh says, "Then I will speak with him."
T'Pesh says, "Thank you."
T'Pesh says, "One more question.. what was your rank and position prior to being taken prisoner?"
Ullan says, "Recruit"
T'Pesh says, "and your position?"
Ullan says, "I was assigned to the USS Reprisal, but set to Recruit in Training for training purposes"
T'Pesh says, "your assignment?"
Ullan says, "It was a temporary measure, from Gunnery Sargeant Melendez"

IC Date and Time: Fri Jan 25 02:31:48 2396
OOC Date and Time: Sun Apr 07 1646 2002
(ELEVEN FORWARD)
T'Pesh enters Eleven Forward and approaches Hendricks. She stops just in front of him and says, "Lt. Commander Hendricks, I am counsel for Recruit in Training Ullan Malink, who is charged with assaulting you. I am investigating the events that took place on that day and I would like an recount in your own words of what happened on that day."
[UFP|USB Epsilon Eridani]: Shields set off.
[UFP|USB Epsilon Eridani]: chR Khazara docks with USB Epsilon Eridani.
"Hmm.." Hendricks looks up to the Vulcan, offering her a faint smile. "Of course, Counsel." He replies, gesturing her to a seat next to him. "Well it first started off when I was onboard the Yorktown per orders of Admiral Blake. I was manning the engineering controls and the recruit decided he did not want to take part of the operation."
T'Pesh takes a seat next to Lt. Commander Hendricks and nods her head solemnly, both a show of respect and a sign that she is listening.
Hendricks pauses to take a quick sip of his coffee, shrugging his shoulders, "This wasn't the first time I met the recruit...I saw him onboard DS9 guarding the docking ring. Nice chap nonetheless. When he defied the order given to him by Admiral Blake, he was given a chat by Captain Kersey, his CO."
T'Pesh says, "What were the orders given to him by the Admiral?"
Hendricks scratches his chin, "I don't remember exactly...I know it was to man one of the stations onboard the bridge...if I remember correctly it was tactical."
T'Pesh says, "What was the mission?"
Hendricks says, "It was a preemptive strike against 2 Romulan stations...the fleet size consisted of the USS Yorktown, USS Reprisal, 4 Klingon warships and 2 vessels from the Delta Vega government."
DEFINITION OF PREEMPTIVE: designed or having the power to deter or prevent an anticipated situation or occurrence
T'Pesh says, "was there an anticipated assult by these Romulan stations?"
<UFP|Starfleet|USB Epsilon Eridani> Blake says, "This is Admiral Blake. I'm about to begin a meeting with the Romulan officials."
Hendricks shakes his head, "I don't understand your question...well maybe I do but anyways it was a retaliation of their previous attack on the Reprisal and kidnapping of 3 of our officers."
T'Pesh says, "so was it preemptive or retaliatory?"
T'Pesh says, "I believe I understand now.."
T'Pesh says, "Where those three officers recovered during the mission?"
Hendricks shakes his head, "Negative...2 were executed and 1 is still missing in action."
T'Pesh says, "Where there any others that witnessed Recruit Malink behavior that day?"
Hendricks nods, "Admiral Blake and Commander Roebeck."
T'Pesh says, "Was Admiral Hoosier present?"
Hendricks says, "And I believe it was witnessed through the screens to the crew of the USS Reprisal...a visual line was still connected when the Recruit went nuts."
Hendricks shakes his head, "I do not remember...I remember him being onboard the ship however."
T'Pesh says, "Thank you Lt. Commander, you have been of great assistance."

IC Date and Time: Fri Jan 25 03:36:48 2396
IC Stardate: 42527.48
OOC Date and Time: Sun Apr 07 17:52:16 2002
(SICKBAY)
T'Pesh says, "Mr. Ullan.. did you recall Admiral Blake being present that night?"
Ullan says, "No ma'am"
T'Pesh says, "who issued the orders for the mission?"
Ullan says, "Admiral Hoosier gave me my direct orders on the Bridge of the Yorktown, but I believe Captain Kersey was in charge of the fleet at that time... that is at least how it appeared"
Ullan says, "I would have stepped down from the console and faced charges for disobeying orders. But the battle would have happened if I did that, I wanted to prevent it and prevent casualties. I believe that what I did presented the least danger to the crew and the least damage to the ship while maximizing the chance of success"
T'Pesh says, "Have you been taught the procedures for disobeying an order properly?"
T'Pesh says, "And did you know that there are some orders you have the right to disobey?"
T'Pesh says, "not only right but duty."
Ullan says, "no, I did not"
Ullan says, "that was never explained to me during basic training"
T'Pesh says, "During your training were you ever taught about any of Starfleet's Directives or General Orders?"
T'Pesh says, "Answer honestly."
T'Pesh says, "This is just me and you."
Ullan says, "We were instructed partially concerning the prime directive, but a good marine just needs to follow orders and shut up ma'am"
Ullan says, "no, I wouldn't"
Ullan says, "how could I bring myself to kill a citizen I am supposed to protect?"
T'Pesh says, "If you were to kill a citizen under orders would you be held legally accountable if said action were determined to be unwarrented via investigation?"
Ullan says, "I suppose not"
T'Pesh says, "You suppose wrong"
T'Pesh says, "And that is the reason.. you legally have a right to refuse certain orders."
T'Pesh says, "There however is a procedure which must be followed when refusing these orders."
Ullan says, "We were never told any of that"
T'Pesh says, "If you killed a federation citizens under orders of your superior.. and your superior was wrong.. you are legally held accountable."
T'Pesh says, "because it is your duty in that case to refuse that order."
T'Pesh says, "You do not shoot anyone. You request that an objection be placed in the captains log, you log your objection yourself with the time and date and either you comply with the orders or stand down. The reason for your refusal must also be noted."
Ullan says, "So you say that I should have officially objected to the Admiral's order, step down and log my objection? I did that, but I don't think Admiral Hoosier acknowledged the objection"
T'Pesh says, "This is why you log your objection as well."
T'Pesh says, "Would be something like this: Under article 10 of Starfleet code of Justice, I formally object to the orders I am given on the basis that they are against starfleet regulations. And if you know the regulations you state which regulations they are against."
T'Pesh says, "or.."
T'Pesh says, "On stardate 61751.6 18:11:53, Under article 10 of Starfleet code of Justice, I formally object to the orders I am given on the basis that they are against starfleet regulations. And if you know the regulations you state which regulations they are against."
T'Pesh says, "you understand?"
Ullan nods "I do... however, my training consisted of weapons training, close quarters combat, ranged combat and Marine protocol. None of what you explained to me was ever even mentioned"
T'Pesh says, "This will be useful to our defense."
Ullan says, "Do you think I stand any chance at all?"
T'Pesh says, "That will be all for now Mr. Malink. Unless there is some detail that you failed to mention earlier that you believe might be beneficial to your case."
T'Pesh says, "Yes I believe that we may be able to have atleast two of the charges dropped and the final one reduced."
Ullan says, "Reduced to what? Insubordination?"
T'Pesh says, "Perhaps."

IC Date and Time: Fri Jan 25 06:34:03 2396
IC Stardate: 42527.68
OOC Date and Time: Sun Apr 07 18:51:21 2002
(Kage's Quarters)
Kage says, "Aww lieutenant."
T'Pesh says, "Greetings, 1st Lieutenant Kage. I am Lieutenant T'Pesh. I am representing Recruit in Training Malink in his courtmartial and I would like to have your account of the events that took place that night. Mr. Malink said he spoke with you following the events. I would be useful if you still have the logs of that conversation."
Kage puts his reading glasses away and his book.
Kage hmms and then smiles "Well i dont have them i do recall him talking to me about his actions but im not too sure what he said anymore."
T'Pesh says, "do you remember why it is you spoke with him and when?"
Kage says, "Well i was called to the brig and well he was there I'm not the one who spoke with him but he was telling us his story of what happend."
T'Pesh says, "who spoke with him then?"
Kage says, "Major Darian and Lt. Cooper I believe."
T'Pesh says, "Is there anything else you wish to state for the record?"
Kage shakes his head.
T'Pesh says, "Thank you for your time.. if you do remember anything please contact me."
Kage nods.
Kage accesses a security panel.
Kage just looked at you.
-----------------------------------------------------------------------------
From: Space Globals (owner: Space-BC)                               
Date: Sun Apr  7 18:29:30 2002    Folder:  0   Message: 16
Status: Read 
Subject: Statement
-----------------------------------------------------------------------------
--[ICMAIL from: T'Pesh]--------------------------[Sun Apr 07 18:29:30 2002]--
     To: T'Pesh, Trysten, Hoosier, Kersey, Kage, Blake
Subject: Statement
-----------------------------------------------------------------------------
Greetings,
        I have been assigned as defense counsel to represent Recruit in Training Ullan Malink in his courtmartial proceedings. If you have recieved this communication, you are indicated as a witness to the events, I have not yet spoken with you, and it is necessary that I speak with you to recieve your account of the events to ensure that Mr. Malink receives a fair trial.
Thank you,
Lieutenant T'Pesh daughter of T'Prette and Soruk
--[Sent from: USS Reprisal]------------------------------[End transmission]--
-----------------------------------------------------------------------------
-----------------------------------------------------------------------------
From: Space Globals (owner: Space-BC)                               
Date: Sun Apr  7 19:00:47 2002    Folder:  0   Message: 17
Status: Read 
Subject: Statement
-----------------------------------------------------------------------------
--[ICMAIL from: T'Pesh]--------------------------[Sun Apr 07 19:00:47 2002]--
     To: T'Pesh, Cooper, Darian
Subject: Statement
-----------------------------------------------------------------------------
Greetings,
        I have been assigned as defense counsel to represent Recruit in Training Ullan Malink in his courtmartial proceedings. If you have recieved this communication, you are indicated as a witness to the events, I have not yet spoken with you, and it is necessary that I speak with you to recieve your account of the events to ensure that Mr. Malink receives a fair trial.
Thank you,
Lieutenant T'Pesh daughter of T'Prette and Soruk
--[Sent from: USS Reprisal]------------------------------[End transmission]--
-----------------------------------------------------------------------------

890. ART. 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER
Any person subject to this chapter who--

(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or

(2) willfully disobeys a lawful command of his superior commissioned officer;

shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

894. ART. 94. MUTINY OR SEDITION
(a) Any person subject to this chapter who--

(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; 

(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.

* 850a. ART. 50a. DEFENSE OF LACK OF MENTAL RESPONSIBILITY
(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a sever mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.

(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.

(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge, or the president of the court-martial without a military judge, shall instruct the members of the court as to the defense of lack of mental responsibility under this section and shall charge them to find the accused--

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of lack of mental responsibility.

(d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused--

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of lack of mental responsibility.

(e) Notwithstanding the provision of section 852 of this title (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if--

(1) a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or

(2) in the case of court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.
 

http://www.emedicine.com/neuro/topic444.htm
These experimental findings can be explained by glucose-PET studies, which show that individuals deprived of sleep for 24 hours have a decrease in metabolism in the prefrontal and parietal associational areas. The areas most important for judgment, impulse control, attention, and visual association are disproportionately hypometabolic compared to the primary sensory and motor areas necessary for receiving and acting upon the environmental inputs. This finding leads to the hypothesis that the areas of the brain most responsible for higher-order cognition are to some degree less functional during sleep-deprived waking activity. 

IC Date and Time:    Fri Jan 25 21:01:18 2396
IC Stardate:         42528.66
OOC Date and Time:   Sun Apr 07 23:40:26 2002
Blake meanders around the desk and has a seat, tugging firmly on his uniform shirt before gesturing at the two chairs in front of him. "I was only able to breeze through your letter, Lieutenant, so state your case for me again as to why I should release the recruit from his cell."
Aymond gestures to the seats. "I think it will prevent pacing if we sit."
Angelus smooches you while no one is looking and can't see this.
Aymond has a seat.
T'Pesh says, "The recruit peacefully surrendered, has shown no intentions of harming any other crew members and has sustained serious injuries while incarcerated with two other criminals against the United Federation of Planets. He was assaulted by one of the criminals, whom has been assassinated and he is seriously injured." the vulcan says as she seats herself."
Blake looks up, "He was assaulted?"
Aymond raises an eyebrow. "Lieutenant, I haven't recieved a briefing on this assination attempt matter. How, exactly, was the Recruit attacked by a criminal, if the Recruit was in his brig cell?"
Blake looks towards Aymond, "Mr. Bryant, direct your questions towards me.. not the Lieutenant."
T'Pesh says, "They were both brigged in the same cell. Anesthine gas was applied to knock them out then they were separated."
Blake gestures, rubbing his head, "Two prisoners were placed in the same cell.. who authorized this and who was the other prisoner?"
Aymond frowns. "Mister President, does the defense counsel have a copy of this report? I do not."
T'Pesh says, "The defense counsel witnessed this."
Blake looks up, "I wouldn't know. I was in surgery until four o'clock this morning." He diverts his head towards T'Pesh, "First of all, counsellor, is your client a criminal?"
T'Pesh says, "No. Recruit Ullan Malink is innocent until prooven guilty and has been an upstanding Recruit up until this point."
Blake tilts his head, "Then I'll thank you not to refer to any other incarcerated persons as criminals because anyone in that brig cell has not been convicted of a crime yet."
Blake clears his throat, "Who were the enemy prinsoners?"