T'Pesh says, "They were being held prisoner for crimes against the Federation including treason. Under article 12, Recruit Malink should not be confined with said prisoners irregardless of whether or not their innocence is prooven."
proven
Aymond raises a hand. "Who were these prisoners? I was not informed of other prisoners aboard the vessel. Mainly, I haven't been informed of much. I'd like to rectify this."
T'Pesh says, "Lt. Maven Phillips and Civillian Ronai Enrised."
Aymond hrms. "Mister President, why is a Civilian being held with military prisoners? I ask not for an anwser from you, mainly to prove my point in this matter."
Blake gestures, "Enemy prinsoners can be easily defined as someone who is confined by the Federation.. personnel of an opposing force whom we're at war with. As far as I was aware, he was only imprisoned with Mr. Ronai, a citizen of the Federation, and Lt. Phillips. Those don't qualify as enemies. Recruit Malink is being held on charges of mutiny.. now, the only reason I didn't bring charges of treason on Mr. Malink is because he wasn't able to actually contact the Romulans because he was prevented from doing so."
T'Pesh says, "Lt. Ronai was arrested as an emeny of the Federation on charges of treason."
Aymond states simply, "Sir, you've read my brief?"
T'Pesh says, "and was assaulted by Mr. Enrised"
T'Pesh says, "He has sustained serious cerebral damaged and is currently in sickbay."
Blake looks towards Aymond, "Mr. Entriz's charge warrants his incarceration aboard a military vessel to be under constant guard. His treason was to another nation believed to be a threat to Federation security. And yes, Colonel, I've read your brief."
Aymond nods. "I believe you have summarized Starfleet's position on this matter, sir."
Blake gestures, "Your brief only restates the charges against Recruit Malink. Recruit Malink has not been violated by being placed by enemy prinsoners because Mr. Entriz was not convicted of any crime. If Mr. Entriz is to be henceforth considered a criminal, than so shall Recruit Malink because their situations were not so much diffrent. He has not been treated unfairly, so far that I can tell.. and the charges against him certainly warrant close observation."
Blake raises a finger, "However..."
Blake clears his throat, "I was not aware that Recruit Malink had been placed in a cell with another prinsoner. That is a clear violation of Starfleet regulation regarding the keeping of prinsoners. And.. he has been hospitalized for serious injuries. Therefore, it's my decision that Recruit Malink, once he is delivered from the infirmary will be placed in specialy assigned quarters to remain under constant guard of the Starfleet Marine Corps until trial. He is to eat in his quarters, he is to sleep in his quarters and he is to have little or no contact with the crew."
Blake continues, "To help with his cooperation he'll be allowed to walk outside his quarters on the deck he is assigned for thirty minutes each day under the supervision of two Marine guards, should they be availible to assign to him. If they are not, the prisoner will do without."
mph, how long does it take the ball to reach home plate?"
Aymond nods. "Starfleet has no objections to this, sir. Our concern is only the maintaince of good order and disipline."
Blake nods. "I understand. And should the Recruit not have been injured last night, I probably would have ruled against the Lieutenant's motion. However his injuries are too severe to leave him inside a six by five brig cell."
T'Pesh says, "Defense has no objections."
Aymond nods. "I would file a motion, if it had not come to my attention, that his physical confinement be in sickbay, sir., and so now dealt with."
T'Pesh says, "to this."
Aymond says, "Admiral, do we have copies of the CO's initial charges, and other documents for my review?"
gets full sometimes preventing others from sending me mail.
T'Pesh says, "I do have a question."
Blake gestures, "Confinements quarters are availible on deck 8, starboard corridor of the Reprisal. Defense counsel will see to the transfer /under/ two armed guards. The prisoner may be injured, but he is still a Starfleet Marine and is therefore a trained killer." He looks up, "See that Captain about that." he turns towards T'Pesh, "Go ahead."
T'Pesh says, "Why is the Recruit being charged with two counts on Article 890?"
Blake clears his throat, "Two counts of article ninty. One for assaulting a superior officer and the other for disobeying orders."
T'Pesh says, "Thank you sir.. I just wanted clarification."
Blake gestures, "It's not unlike a murderer being charged with two counts of murder, one for each victim... if you'll excuse the comparison."
Blake points at T'Pesh, "I want information regarding the prinsoner placement aboard the Reprisal. The conditions you've stated to me are completely unacceptable."
Aymond looks at Blake and T'Pesh, "So asked of the Captain, sir. Also, the reason as to why the prisoners were together, as a seperate investigation uncovered by this proceeding which may be actionable under SFCJ, sir."
Aymond says, "As we're not sure this is actionable, no article 31 warning is required of them."
Blake nods. "Very well."
T'Pesh says, "Also, Admiral as I am sure this is some sort of oversight.. but merely a matter of formality.. I am told you are a witness yourself to the charges against Mr. Malink. Is this true?"
Blake gestures with his right hand, sliding his padd down towards him, "I was not aboard the Reprisal at the time of the incursion. I was aboard the USS Yorktown with Admiral Hoosier." He looks down at his padd, "However, there is one character witness you may look into. Gunnery Sergeant Malendez was Recruit Malinks Senior Drill Instructor and may shed valuable insight."
Aymond makes a note.
Blake gestures towards the door, "If that will be all, you're free to return to your ship."

IC Date and Time:    Mon Jan 28 01:59:09 2396
IC Stardate:         42532.26
OOC Date and Time:   Mon Apr 08 17:19:43 2002
(USS YORKTOWN - DECK 1 - READY ROOM)
Waving his aide off, Hoosier nods towards T'Pesh. "Come in, Lieutenant, and have a seat," he says, gesturing to a chair in front of his desk.
The vulcan nods and replies, "Thank you sir." she takes a seat in the indicated chair and lifts her PADD. "I intend to record a log of our conversation, in the event that prosecution requests it as well." she says.
"Understood," he says with a nod. "Would you care for a cup of tea?" the Admiral asks, leaning back in his chair.
"No thank you, Admiral." the Vulcan replies. She presses a button on her PADD and says, "Please, sir, if you would recount the events that took place which landed Recruit Malink in the brig." She leans slightly forward paying close attention.
"I will offer the details briefly," the Admiral says with a nod. Hoosier thinks for a moment before he begins. "We were preparing to engage the Romulan fleet in orbit of ch'Rihan. Recruit Malink, along with others, had transferred aboard to augment our lack of capable officers. We were significantly undermanned, and had only enough personnel to carry through this first attack wave." He sighs. "The Recruit decided that he did not want to participate in the attack on the Romulans, and when I told him that he would have to go below, he informed me that he would not be taken so easily. At that point, he shot Lieutenant Commander Hendricks. Fortunately, I was able to dash into the Turbolift and move to the Battle Bridge where I regained control of the ship. I then beamed him to the Brig."
T'Pesh nods slowly and asks, "Is there anything else which happened of note, sir?"
Hoosier considers this question for a moment. "I do not believe so."
T'Pesh says, "What was the Recruit's assignment prior to the mission?"
Hoosier says, "He came from Reprisal. I assume that he was stationed there in the marine corps."
Hoosier speaks up, "Actually, there is something that I would like to add."
T'Pesh nods quietly and looks at the Admiral expectantly.
Hoosier shakes his head with a sigh. "I neglected to mention that, having shot and severely wounded one of our most important personnel, he put this entire crew in danger by having our senior staff severely cut short. We nearly lost Yorktown in the battle."
T'Pesh says, "Did he act in concert with any other crew members, or were his actions his and his alone?"
Hoosier shakes his head, "He acted alone."
T'Pesh says, "Was his objection logged into the ships mission log in accordance with Starfleet regulations?"
Hoosier notes, "I informed him that I would enter his objection into his log, but he refused to go below. I'm sure that you can understand how I saw that a man who did not wish to participate in the events at all would be of any assistance to us in a critical situation."
T'Pesh says, "No, Admiral I cannot.. can you please decribe to me how it is you saw him?""
Hoosier narrows his eyes. "I just told you. As a man who could be a danger in a critical situation."
T'Pesh quirks a brow and then asks, "So are you saying that his actions were anticipated?"
Hoosier looks towards T'Pesh. "No, Lieutenant. I am saying that he was against the attack. Considering his opinion, I saw that he would not be a value to the bridge crew. I had him removed... except he was not willing to go."
T'Pesh says, "Do you recall how many times he was requested to leave before he fired on the Lt. Commander?"
Hoosier says, "I do not."
T'Pesh says, "What was the nature of the mission?"
T'Pesh says, "and what were the objectives?"
Hoosier crosses his arms across his chest, "You are testing me. The mission information is in the computer, Lieutenant."
"With all due respect, I have not been privy to the Mission Information, Admiral. I am sure that you understand the severity of the charges against th Recruit and are full aware of the regulations regarding cooperation with the defense during a courtmartial of such magnitude. Sir." replies T'Pesh.
Hoosier narrows his eyes as he looks towards the Vulcan. "The mission was to attack at the heart of Romulan space. Recruit Malink was opposed to committing genocide, I believe. Now, with upholding Starfleet traditions, I understood his position. HOWEVER, that does not make mutiny any acceptable course of action."
T'Pesh says, "One last question Admiral.."
Hoosier nods to T'Pesh, "Yes, Lieutenant?"
T'Pesh says, "what was Mr. Malink's behavior like prior to his objection or being disclosed the nature of the mission?"
Hoosier notes, "I do not know. I did not speak with him."
T'Pesh says, "Thank you Admiral, unless you have any questions for me.. or anything further you wish to add I have completed my interview."
Hoosier nods to T'Pesh. "Good day, Lieutenant. Please do not visit any other sections of the ship on your way out."
T'Pesh quirks a brow and replies, "I have no logical reason to visit any areas other than the Airlock at this time. However, I may return to investage the location of the incident. I am told that it took place onboard the Yorktown. Is this correct?"
Hoosier nods towards T'Pesh, "That is correct, but you will obtain specific permission to board this vessel before you do. Yorktown, regardless of her involvement, is still a classified and highly secured vessel."
T'Pesh nods to Hoosier and replies, "Such permissions are afforded to me as per the SFCJ however, if you require more documentation I am sure I will be able to solicit such from Admiral Blake as he is preciding over the courtmartial."
Hoosier glances towards T'Pesh and stands, "You will come through me. Question my orders and you will be facing your own court-martial. Dismissed."
T'Pesh quirks a brow at Hoosier but does not respond to him at this time. She merely nods and stands to leave.
Hoosier is, after all, a sixty year old man who is ... well, old. Starfleet has changed over the years. He awaits her departure.
T'Pesh is after all an old Vulcan and starfleet hasn't changed that much over the years.

IC Date and Time:    Mon Jan 28 03:38:54 2396
IC Stardate:         42532.37
OOC Date and Time:   Mon Apr 08 17:52:58 2002
(USS Reprisal - Eleven Forward)
"Please have a seat." the Vulcan says as she sits down herself.
Cooper sits down accross from T'Pesh.
T'Pesh says, "Lt. Cooper, I am told that you spoke with Recruit Malink following his arrest?"
Cooper nods.
T'Pesh says, "Were you also a witness to the events prior to his arrest?"
Cooper nods.
T'Pesh says, "I would like your account of the events that took place that day."
Cooper says, "You mean when it all happened?"
T'Pesh says, "Yes.. please start at the beginning."
N'aal arrives from the Out exit.
N'aal has arrived.
Cooper says, "The Yorktown, which is where he was at the time, hailed us to tell us that they were having problem getting him to follow orders," Cooper conitues, "When we actiavted the viewscreen, the Captain tried to convince him to follow his orders, which were to man tactical durring the attack. Ullan refused to follow his orders and stated, 'I don't want to destroy someone's home' even though we weren't there to bombard the planet or anything. Then after we kept trying to get him to follow the orders, he drew his weapon and stunned Commander Hendricks. Then a team came to the bridge and parehened him."
N'aal emerges into Eleven-Forward, pausing a bit to shift one leg.
N'aal seats himself at the bar, smiling quietly. "I'll have water," he says to Lauriel's young successor. "with ice."
Cooper's compin beeps and after Cooper says something into it he turns to T'pesh, "Something came up, I need to go."
T'Pesh says, "Very well we will talk more about it later."
N'aal leaves through the Out exit.
N'aal has left.
Cooper leaves through the Out exit.
Cooper has left.

IC Date and Time:    Mon Jan 28 10:51:06 2396
IC Stardate:         42532.86
OOC Date and Time:   Mon Apr 08 20:17:02 2002
(Ready Room USS Reprisal)
Kersey is sitting in his chair, he looks up. "Have a seat Lieutenant."
T'Pesh enters slowly. She stops as she enters at attention. "Thank you sir." she sais then walks up to the desk and takes a seat.
Kersey says, "I take it that this is about Recruit Malink?"
T'Pesh says, "Indeed sir it is. I need to inform you that our discussion will be logged sir."
Kersey nods, "As can be expected."
T'Pesh says, "You have been indicated as a witness to the events that took place as the communications console was active and a video display could be seen. If you would sir, could you please give your account of the events that night?"
Kersey says, "Well, due to circumstances regarding Admiral Blake, was sent to lead the combined task force into Romulan space. We sat at the Romulan border for a while, waiting for Yorktown to return to the formation. Once they returned, we headed into Romulan space to complete our mission."
Kersey says, "During this trip, an visual communications link was requested, and I was informed privately that the Recruit had attempted to contact the Romulans, for what they believed was to warn them of the attack. So we opened the visual communications and kept it open."
Kersey says, "During this time, things seemed normal until the recruit drew a phaser, and pointed it at the bridge crew. Commander Hendricks attempted to stop the recruit, but he was shot by the recruit. The command staff over there transfered all control to the battle bridge, and left the bridge, locking out forcefields."
T'Pesh nods and listens carefully.
USS Reprisal activates all systems.
USS Reprisal deactivates all systems.
Kersey says, "At that point, I muted the link from our side, and just watched and listened. We observed the recruit attempting to call the RSE and warn them of the attack. I can say this is the case because he actually said his message, but didn't realize that it didn't send until after he said it."
T'Pesh says, "What was his message?"
Kersey says, "I don't recall the exact wording, as I was still trying to coordinate the entire fleet as I was left in charge, but it was along the lines of 'Hailing the RSE, there is a fleet of ships coming to attack you.'""
T'Pesh says, "You were onboard the Reprisal at the time, correct, sir?"
Kersey nods, "I was sitting in my command chair out there on the bridge."
T'Pesh says, "Prior to Recruit Malink being sent to the Yorktown, what was his assignment?"
Kersey says, "He was a cadet being trained in helm onboard this ship, then requested transfer to the marine contingent. He requested to help out, and he was of use best on the Yorktown.""
T'Pesh says, "He requested to help out?"
Kersey nods, "As many officers did in that situation, he wanted to be of use in the situation. Given the skeleton crew on Yorktown, he was of best use and ordered over there.
T'Pesh says, "At anytime was the Recruit ordered to escort any diplomats or officials?"
Kersey shakes his head, "I'm not sure of that. In the previous days, there were romulan dignitaries on board the station, but I'm not sure of his assignments in those regards."
T'Pesh says, "What was the recruit's behavior like prior to being sent to the Yorktown, sir?"
Kersey shakes his head, "I noticed nothing unusual. As he transfered to the marines very shortly before the incident, he underwent the required physical. Nothing unusal was detected at all, otherwise he would not have been in that situation.
T'Pesh says, "Was he transferred immediately prior to the mission? Only moments?"
Kersey says, "I think it was about a week or so, he was fresh off his SFA assignment. He wouldn't have been left alone at any time as a marine being how new he was if he was assigned."
T'Pesh says, "Are you aware what types of training he recieved, sir, or would I need to would I need to speak with his direct senior?"
Kersey says, "You would need to talk to his marine CO. I believe he was being crosstrained in every system"
Kersey says, "In SF that is"
"I have just a few more questions for you, sir." T'Pesh says reasuringly. "What was the nature of the mission, sir? and it's objectives?" she asks.
Kersey says, "The Federation Council authorized us to do anything needed to retrieve both regular and flag officers of ours who were taken. We engaged the ship that Commodore Connery in particular was on, but it was too late for him, as we believed by communications we recieved that he was dead. Our Klingon and DVA allies destroyed the ship, but as a fleet we were overwhelmed by the starbase and the assisting romulan vessels (NPC). We retreated to right outside the system, and due to the starbase, and that our direct mission objectives were finished, we retreated." He pauses for a moment, "I do however believe that the problems with the Yorktown prevented us from carrying out our mission objectives propperly."
T'Pesh says, "So it was a rescue mission?"
Kersey has reconnected.
Kersey says, "It was a rescue mission, but we were given authority to do what was needed to complete it, which included firing on Romulan vessels, and defending ourselves. Unfortunately the ship made it to Romulan space and executed the Commodore before we could make it there."
T'Pesh quirks a brow slowly and asks, "Sir, I know that Starfleet has a miltary design and often information regarding missions and objectives are handed down on a need to know basis. Was this the case here? or were the participants briefed on the complete specifics of the mission?"
Kersey says, "All commissioned officers were informed of the basic parameters of the mission, that it was a rescue. Given intelligence problems in Romulan space, exact details of what we were going to do specifically in the end were limited to informing bridge crews at the moment that decisions were made."
T'Pesh says, "So as a Non-Commisionned Recruit, was Recruit Malink privy to the details of the Mission?"
Kersey shakes his head, "He was given details as was required for him to carry out his duties. This is Starfleet Standard Procedure."
T'Pesh nods to Kersey and says, "Just establishing the facts sir."
"Sir, who recorded the Recruit's objection to the mission into the log, and what were the specifications of his objection?" she asks next.
Kersey says, "That would have to be asked of the staff of the Yorktown. I was not aware there were any objections until I was informed he had attempted to contact the Romulans"
T'Pesh says, "It was my understanding that you were watching the whole time from the USS Reprisal. I was mistaken."
Kersey says, "No, we were not watching until right before Commander Hendricks was shot. We were busy enough trying to take care of the situation."
T'Pesh says, "From what you did witness, sir, where the Recruit's actions sudden or did they appear to result from an esculation?"
Kersey says, "Given the little time I saw the situation, I don't believe that the recruit was acting rational. It seemed off for what would be expected of any starfleet personel."
T'Pesh says, "One final question sir.."
T'Pesh says, "Was the Recruit given a medical or psychological evaluation after his actions, sir?"
Kersey says, "I'm not sure. We've been having all sorts of problems, and a report could have been lost in the system, but our Counselor has been in his presence many times, and she hasn't informed me of anything unusual.""
T'Pesh says, "But neither directly before nor after the incident?"
Kersey says, "I would say within a week prior to the incident his physical and mental evaluations checked out."
T'Pesh nods to Kersey and gathers her PADD and stands, "Thank you sir. You have been most informative." She stops then says, "Ah.. yes.. prior to this incidend had the Recruit ever been received any disciplinary action?"
Kersey shakes his head, "Not that I am aware of."
T'Pesh says, "Thank you for your cooperation sir. If you have nothing further for me.. that completes my inquiry."
Kersey nods, "Very well."

IC Date and Time:    Thu Jan 30 17:47:44 2396
IC Stardate:         42698.05
OOC Date and Time:   Tue Apr 09 17:26:56 2002
(SICKBAY USS REPRISAL) 
T'Pesh says, "Mr. Ullan could you tell me when you joined Starfleet?"
Ullan thinks for a moment "I was 16 at the time I was accepted in the Academy. Majored in Helm and Navigation, got assigned to the Phoenix just in time for the battle against Cube 690"
T'Pesh says, "You were promoted to an Ensign immediately, correct?"
Ullan says, "No, a few days after the battle. I helped Mr. Belgan with a fight in the Cadet barracks and was able to use my inherent abilities to figure out what was going on. The Cadets were eventually accused of stealing a shuttlecraft and were removed from the Academy. A few days later my promotion came in"
T'Pesh says, "Why did you choose to endure a downgrade in rank to change organizations?"
Ullan says, "That was after a meeting with Admiral Blake, where he refreshed our memory of Starfleet Protocol in a military manner. I happend to like the style and heard that the Marines were desperately seeking new recruits. Thinking back of the incident which I described earlier, I thought I had something to offer to the SFMC and requested a demotion to Recruit myself. Normally, as ensign I would have started as 2nd Lieutenant"
T'Pesh says, "Admiral Blake informed you of Starfleet Protocol?"
T'Pesh says, "what topic areas regarding protocol did he cover in his refresher meeting?"
N'aal leaves through the Out exit.
N'aal has left.
Ullan says, "Me and several others, in sort of a refresher course while we were all transferring to the Reprisal. He covered correct positioning, at attention, at ease, at rest, parade rest, that sort of things, and the difference between 'aye' and 'yes'"
T'Pesh says, "Did he cover the proper procedure when making a consciencious objection?"
Ullan says, "No ma'am"
T'Pesh says, "What exactly did you do during the battle against the Borg?"
Ullan says, "I flew the Phoenix during the whole battle"
T'Pesh says, "you were stationed at Navigation?"
Ullan says, "Helm"
Ullan says, "Captain Kersey was extremely disillusioned when I chose a Marine Career, he saw great promise in me as part of his bridge crew"
T'Pesh says, "Helm and Navigation are the same thing, Recruit. Did you receive any awards or merits prior to your arrest?"
Ullan says, "None"
T'Pesh says, "Had you recieved any disciplinary action or demerits prior to your arrest?"
Ullan says, "No ma'am, only praise"
T'Pesh says, "Were you briefed prior to your misson?"
Ullan says, "No ma'am, I was asked to meet Lt. Cmdr. Hendricks in the transporter room, no explanation given. My opinion is that there was no briefing, that the strike was led out of pure revenge for the killed officers"
You whisper, "I need you to think carefully before you say anything to anyone over the next couple of days. About anything. To do so may jeopardize our case." to Ullan.
You whisper, "Limit your conversation to superficial things, such as weather, current events. Current events besides anything political or dealing with the Romulans." to Ullan.
Ullan whispers: in the quarters, you're the only one who may enter anyway, and I don't intend on socialising much until the trial
You whisper, "things like the Vulcano that erupted on Thanos VI. You are still in sickbay for now. And guards may enter and walk you around. They may wish to have conversation with you." to Ullan.
You whisper, "realize that you are a target and anything you say can be used against you in someway. Stay away from conversations about the Romulans." to Ullan.
Ullan whispers: what race is that? Never heard of the Romulans
You whisper, "Romulan is the terran word for Rihannsu." to Ullan.
Ullan whispers: never heard of them either.... how's that weather ay?
You whisper, "It is obvious due to your lack of sleep that you were not thinking clearly." to Ullan.
You whisper, "This can be used to your advantage." to Ullan.
You whisper, "Neither your medical nor your psychological state was recorded before the mission or after the arrest. This is also to your advantage." to Ullan.
Ullan whispers: I have character witnesses
You whisper, "On counts 1 and 2 of Article 90 we will plead not guilty by reason of lack of mental responsibilities. We have Science as our witness." to Ullan.
You whisper, "on Article 94, this charge is rediculous so we will logically plead not guilty." to Ullan.
Ullan whispers: Kage can testify that I have always been a responsible, well-mannered and disciplined marine. The only other witness of that is Csec Belgan, he may not wish to testify, however
You whisper, "he will have no choice but to testify.. we will not testify about your characters but about the facts." to Ullan.
You whisper, "you had not slept in over 24 hours." to Ullan.
Ullan whispers: there are only two witnesses of that
You whisper, "studies as early as the late 20th Century in Terra show that sleep deprivation can induce psychosis." to Ullan.
Ullan whispers: both dead
You whisper, "do you follow?" to Ullan.
Ullan whispers: I do
Ullan whispers: you will plead that I was temporarily delusional
You whisper, "I will quote from an old journal I found: 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." to Ullan.
Ullan whispers: Were these studies recognised by authorities?
You whisper, "Yes these studies were and any medical doctor who attests otherwise is perjering himself" to Ullan.
Ullan whispers: So at most I could be convicted to the time I already spent in confinement?
You whisper, "at most? at most you could be discharged due to psychological impairment. But I intend to proove that you were only psychologically impaired at that time due to lack of sleep." to Ullan.
You whisper, "be advised, do not discuss our strategy with anyone." to Ullan.
Ullan whispers: I most certainly will not discuss this with anyone
T'Pesh says, "Thank you Recruit. I will continue to do my absolute best to ensure that you have fair trial."