--- Sunday, May 05, 2002 11:34:40 AM ---

|   |  Ready Room - Deck 1 [USS Reprisal]
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\__________| Visual Description |____________________________________________|

The captain's ready room is somewhat small, and contains quite a lot of furniture. The captain's desk is medium sized, and is covered with PADDs and computer terminals filled with the latest information on the ship. There's a single cirular window to space in the room. A replicator and a washroom are off to the left. Two chairs sit in front of the desk for people with business with the captain. Beside the viewport, encased in the wall is a fish tank with exotic and colorful plants and fish inside. Across from it against the wall, sits a burgundy couch and a model of a Sovereign class ship standing upon a small pedestal.

Light panels embedded in the ceiling and alert tracers on the wall indicate the current alert as blue - berthing procedures.
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/    ______| Contents |______________________________________________________|
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|   |  Darian <IC>  
|   |  Desk
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|    ______| Exits |_________________________________________________________|
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|   |     <O> Out                            Main Bridge - Deck 1          
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Blake has arrived.
Ullan has arrived.
Moore has arrived.
Blake takes his seat behind the bench next to Moore, "The case of Starfleet versus Recruit Ullan Malink is now in session. Prosecution may now begin opening statements."
Aiah has arrived.
Hoosier has arrived.
Moore shifts his attention to the prosecution side.
Aymond stands. "The proecution intends today to prove to this court-martial, and the members of the defendant's jury, that Recruit Ullan Malink did in fact, on the date in question, engage in acts of misbehavior before the enemy, which resulted and culminated in his taking up arms against his superior officers, using force in an attempt to disable a vessel's ability to carry out its mission, and refuse a direct order to engage a target with the ship's weapons systems.
Aymond says, "We will prove this by indicating the orders present were issued by a lawful authority in command of this vessel, by demonstrating by testimony that the defendant did refuse to obey those orders, that the defendant did use force against his superiors in an attempt to prevent the ship from completing its mission, and that the defendant did show a marked and willful disreguard to do his utmost to engage and destroy the enemy before him, as ordered."
Aymond says, "Prosecution rests."
Aymond waits to sit down.
Blake looks towards Aymond, then towards T'Pesh, "Go ahead, Counsellor."
T'Pesh stands and walks toward the center of the floor.
"Rogue, noun, a deceitful and unreliable scoundrel." T'Pesh says looking at the two Admirals present. "Scoundrel," she continues, "noun, a wicked or evil person." She pauses a moment then begins again, "Decietful, adjective, marked by deliberate deceptiveness especially by pretending one set of feelings and acting under the influence of another."
Hoosier has taken a place in the ready room, as well. (OOC: Sorry for being tardy.)
Hendricks arrives from the Out exit.
Blake places his crossed hands together on the bench.
T'Pesh clasps her hands behind her back and continues, "The prosecution has among other things called Recruit Ullan Malink 'a rogue shooter loosed upon a military unit'. The prosecution will have you believe that Recruit Malink is a savage. They will have you believe that he maliciously injured Lieutenant Commander Hendricks. This is illogical. Recruit Malink does not deny having stunned Lieutenant Commander Hendricks, however, at the time he believed he was acting in accordance with Federation values. He believed at the time that he was upholding the thing we are told above all as Federation Citizens to uphold, Starfleet's own first general order, the Prime Directive. The directive in which we are told upon entering Starfleet comes before any other directives. The defense will show that due to his impaired physical and mental status at the time of the incident, Recruit Malink cannot be held responsible for his actions. He was acting on a delusion induced by being deprived of sleep for over 36 hours."
T'Pesh gives a final nod and walks over to her seat and sits.
Moore nods slowly.
Blake gestures, "The prosecution may now call it's first witness."
Aymond says, "Prosecution calls Admiral Hoosier to the stand."
Hoosier stands and clears his throat, moving towards what has been assembled as 'the bench'. He offers a glance towards Moore and towards Blake as his movements take him closer to his destination. He turns towards Aymond.
Aymond nods. He approaches Admiral Hoosier, and begins. "Please state your name, rank, and current posting, sir."
"Hoosier, Jonathan W. Rear Admiral. Commanding Officer, Borg Resistance Task Force," the aging man says before taking his seat.
Aymond nods. "Are you familiar with the events relating to this General Court-Martial?"
Hoosier offers a nod of his head. "I am."
Aymond says, "In what capacity did you serve aboard the USS Yorktown during the events relating to this matter, Admiral?"
Hoosier responds to the question matter-of-factly. "I was serving as her commanding officer. By that time, Captain Vicky Allen had already returned to Utopia Planitia."
Aymond nods in reply. "Procecution enters into record the Ship's Log, listing Rear Admiral Hoosier as its commanding officer during the incident, as exibit A."
Hoosier raises one of his snow-white eyebrows. He does nod his head, but makes no verbal reply.
Blake nods from the bench.
Aymond says, "Admiral, what was the mission of the USS Yorktown at the time of the incident, that required you to order the tactical officer to prepare to engage a target?"
Hoosier leans back in his chair. "Although NX-86860 was classified as an experimental vessel, we were given orders by Admiral Blake to join the task force entering Romulan territory due to the fact that they were lacking capital vessels."
Aymond nods. "I see, Admiral. And the orders of this task force were?"
Hoosier says, "The orders of this task force were to engage in an attack upon the fleet and starbases surrounding the Romulus and Remus."
Aymond nods. "These orders, in your opinion as a line officer of Starfleet, appeared to be within the scope of your operational capabilities, and did appear to be valid and proper military orders for the vessel, sir?"
Hoosier clears his throat. "Well, the orders were given after they had made blunt strikes of aggression against us. While my concerns were focused with the Borg, I'm obliged to carry out orders that I am given. My political view of the matter is not important." He pauses, "As for our operational capability, that was the problem. We were filled with engineers -- not tacticians or navigators. Some off Captain Kersey's crew was sent to augment the Yorktown in those fields."
Aymond rests his hands on his belt, asking, "Sir, I will ask the question again. Yes or no, were the orders you recieved appearing to be proper and valid orders?"
Hoosier narrows his eyes at the man. "Yes."
Aymond nods. "Thank you, Admiral. Who was the tactical officer for this engagement?"
"Lieutenant Commander Hendricks," the Admiral replies.
Blake turns his head slightly, speaking loudly enough to hopefully wake T'Pesh, "Lieutenant, fall asleep in the court room again I'll hold you in contempt."
Aymond nods. "What was the station of Recruit Malink?"
T'Pesh looks at Blake for a moment blinks then focuses her attention back on the case. (OOC: could have cut me a break for the timer come on now.)
"Recruit Malink was assigned to damage control," the Admiral explains.
"Er...," the Admiral clears his throat. "I believe I have that mixed up. Initially, Recruit Malink was assigned to Tactical. Commander Robeck was assigned to the helm and Lieutenant Commander Hendricks was assigned to Damage Control."
Aymond nods, "I see."
Aymond asks another question, "What target did you order the tactical officer to engage which he refused?"
T'Pesh says, "Objection."
"We were ordered to--," Hoosier glances to T'Pesh.
T'Pesh says, "Counsel has not established with the witness that any orders were refused.. nor that this witness issued any orders at all to Recruit Malink."
Blake pauses shortly, "Sustained. Please limit your questions to facts in evidence, Counsellor."
Aymond smiles. "Of course, Admiral. Admiral Hoosier, explain the situation of the USS Yorktown when the incident occurred."
"Yorktown had been given no specific target," Admiral Hoosier begins. "The incident occured after we had set course for Romulus, but a bit before we were in sensor, and subsequently weapons, range."
Aymond nods. "I see. Could you elaborate on this incident, from your persepctive?"
T'Pesh listens closely to Hoosier as he speaks making notes on her PADD.
Hoosier offers a nod. "Recruit Malink stated his objection to our mission. I noted his objection, but he became adament that we break off. Since he was obviously becoming emotional about the situation, I told him that he would have to go below. He refused. I was going to have an officer remove him from the bridge when he drew his weapon."
Aymond nods. "I see. Did you give a specific order to Mister Malink, which he refused, stating his objection to the mission?"
Hoosier says, "I do not recall."
Aymond nods again, and paces a bit, asking, "What do you recall, Admiral, about the orders you gave in relation to Recruit Malink?"
T'Pesh says, "Objection, once again.. it has not been established there there /were/ any orders."
Aymond says, "Your honor, I am establishing the presence of a specific type of order."
Aymond says, "It may be inferred through the general commanding of a vessel that orders were given, from the moment the vessel was launched."
T'Pesh waits on Blake's verdicts.
Blake takes a few moments, "Overruled. The question goes to finding out what order Recruit Malink alledgedly objected to following."
Hoosier says, "The Recruit's objections were to our general orders: attack the Romulans at their homeworld. There was no /specific/ order to which he objected."
Aymond nods, once again, once. "I see. And your mission, I take it... He objected in what way?"
Hoosier says, "I have already explained that, Colonel."
Aymond nods. "I see, Admiral. You stated that he opposed verbally. Do you remember his objections?"
Hoosier shakes his head. "I do not. It was followed by more intense verbal objections, stating that it 'wasn't right' and so forth. When I attempted to have him removed, he became violent."
Aymond nods. "Are you aware of the proper procedure, Admiral, in your experience as a line officer, for lodging a complaint which you believe is in volation of the articles of war, or otherwise violates convention or statute?"
Hoosier glances to Aymond for a moment. "Colonel, I have commanded Starbase 197, USS Excalibur, task forces, strategic operations divisions, and more through both Dominion Wars. Colonel, one does not go through all that /without/ knowing procedure."
Aymond nods, "I see. Please explain the procedure, as a distinquished line officer, and therefore a credible witness as to this procedure."
Blake looks towards the witness, "Please Admiral, Answer the questions with a yes or no."
Hoosier proceeds to recite the exact procedure, as if read from the manual.
Aymond nods. "I see... Did, to your memory, Recruit Malink voice an objection to the mission?"
Angelus just did say something."
Hoosier glances to Aymond. "Yes."
Aymond says, "And, this objection. What grounds was it on?"
Hoosier says, "Please restate the question."
Aymond says, "What grounds was the objection Mister Malink had given you based on?"
Hoosier says, "He felt that it was immoral, I believe."
Aymond says, "What was your specific response to this objection, Admiral?"
T'Pesh says, "Objection calls for speculation"
Aymond says, "Your honor, I am asking the witness for his own reaction to events."
Blake gestures, "I believe the defense was objecting to the Admiral speculating that Recruit Malink found the orders to be immoral. Sustained. The board will disregard Admiral Hoosier's response."
Hoosier peers quietly, awaiting someone to address him.
Aymond sighs. "Admiral. I will ask a specific question. Please anwser it specifically, so that the Defense does not rouse another objection."
Aymond says, "What did the Recruit state as to what his objection was?"
Hoosier glances to Aymond, awaiting his question.
T'Pesh listens quietly and makes notes on her PADD.
T'Pesh says, "Your honor, the defense objects to the time intervals between each question. He is clearly badgering the witness with this sit and wait tactic."
Aymond says, "Your honor, I'm waiting for the witness to anwser the question."
Hoosier says, "You'll have to restate the question."
Aymond says, "Permission to treat as hostile?"
Blake nods, "Permission denied. The Defense's objection is sustained. Please restate the question, and let's keep the questions and answers moving at a reasonable rate."
Aymond says, "What, Admiral, do you remember the defendant stating to you as pertaining to his objection?"
Hoosier sighs. "I have just answered this question. As I said, he felt it to be morally wrong."
Aymond says, "And he stated this to you, correct? You are not making an infferrance or speculation as to his motives?"
T'Pesh begins to object but Aymond asks the clarification on which she was going to object.
Hoosier nods. "Yes. He stated this to me. He stated that it was wrong. This information is in my log entry."
Aymond nods. "I see, now... And your response to this objection was?"
Aymond says, "Initial response, the direct effect of this causitive action - if you would, please, Admiral."
Hoosier narrows his eyes, becoming quite annoyed. They have been through this OVER and OVER. "I told him that I would note his objection."
Aymond nods, "I see. And then, as you stated, you became verbally engaged with him, ordered him to leave, and he went and drew a weapon?"
 [UFP|USB Spacedock]: DVA Obsidian lands on USB Spacedock.
[UFP|Utopia Planitia]: contact (31) lands on USB Spacedock (1).
[UFP|Utopia Planitia]: Ship contact lost: contact (31).
[UFP|USB Spacedock]: DVA Obsidian launches from USB Spacedock.
T'Pesh looks over to Hoosier and waits for his response.
Aymond says, "Admiral?"
Starr arrives from the Out exit.
Starr has arrived.
Starr walks into the ready room, arms folded across his chest. He takes a seat near the back of the room and observes.
Aymond nods, "I see. And then, as you stated, you became verbally engaged with him, ordered him to leave, and he went and drew a weapon?"
Hoosier nods to Aymond. "That is correct."
Blake is seated next to Rear Admiral Moore at the bench.
Aymond nods. "I see.. And what, to your knowledge, did the defendant do with this weapon?"
Hoosier says, "He shot Lieutenant Commander Hendricks."
Aymond says, "From his position at tactical?"
Hoosier says, "I do not recall."
Aymond paces the floor a moment. "I see, Admiral. You do not recall. What do you recall about the situation at that point in time, Malink shooting Hendricks?"
Hoosier says, "I dove for the turbolift with a security officer, went to the Battle Bridge to ensure that control would be established. Commander Robeck and Lieutenant Commander Hendricks were beamed out. Recruit Malink was beamed to the brig and secured."
Aymond says, "I see. Alot happened. You dove after the Recruit fired?"
Hoosier says, "I dove for the turbolift, yes."
Aymond says, "So. Where was the ship, spatially, while this occurred?"
Aymond says, "Outside of sensor range of the Romulan fleet and starbases?"
Hoosier says, "I do not know the sensor range of Romulan ships or bases. We were en route to Romulan space. Shooting Commander Hendricks left us undermanned and forced us to fall back, which resulted in the task force having to engage the Romulan fleet without their most powerful capital vessel."
Aymond nods, turning away from Hoosier, and towards the jury box. "I see," he says again, and turns around. "Was there an enemy to be faced at that moment in time?"
Hoosier says, "At that specific moment, no. But, as I said, we were en route and they were depending on us."
Aymond replies with another question, "Were you on a mission to engage and route or destroy forces hostile towards the Federation or Starfleet?"
Hoosier says, "Yes."
T'Pesh makes a note in her log
Aymond says, "So, therefore, the Recruit obviously did not do all that was in his power to engage said enemy and destroy them, as the mission dicated. No further questions."
Blake gestures towards T'Pesh, "The defense may now crossexamine the witness."
T'Pesh says, "Objection, Defense moves to strike prosecutions last statement as it was not a question."
Blake nods, "Sustained. The board will disregard the prosecutions last statement."
that the first time around?
T'Pesh stands and picks up her dataPADD. She looks down at it for a few moments reading then looks up toward Hoosier and says, "Greetings Admiral" giving him a respectful nod.
Hoosier nods his head quietly. "Lieutenant."
Aymond has already sat down and stuff.
"Admiral, I wish to clarify some of your testimony to the prosecution for a moment." she says to him.
Hoosier says, "Go on, Lieutenant/"
"When the prosecution was questioning you," T'Pesh begins, "you stated that you were given no specific targets, yet you also state that you were en route to engage enemy vessels." T'Pesh raises a brow and asks, "If you were not given any specific targets how do you know this to be true?"
Hoosier says, "By specific vessels, I meant vessels with a specific name, registry, or identification. We knew that we were going to be engaging vessels that were in orbit of Romulus, but we did not know, at that point, which ones we were to target."
T'Pesh says, "How did you know there were vessels in orbit of ch'Rihan at that time?"
Hoosier says, "I didn't."
Hoosier says, "It was an assumption. We were to engage the Romulans at their homeworld."
T'Pesh says, "So then is it not true that there was, at the time, no enemy to face?"
Hoosier says, "That is incorrect. We knew that there would be an enemy to engage, but we did not know what specific form it would take."
T'Pesh says, "Isn't it correct that this enemy was pressumed and anticipated, but not actual?"
Hoosier says, "The fact that /I/ was not aware of the Romulan fleet dispersal changes /nothing/, Lieutenant. Don't mince my words."
Aymond raises a hand. "Objection. Badgering the witness. He has already stated that the enemy was present from an external source analysis, his orders."
T'Pesh says, "The question was a yes or no question, Admiral. Please answer yes or no."
Blake says, "Overruled."
Blake says, "Answer the question with a yes or a no, Admiral."
Hoosier says, "The answer is yes, there was an actual enemy."
T'Pesh raises a brow then asks, "Did the incident occur at the location of Romulus where this enemy was present?"
Hoosier says, "It did not."
T'Pesh says, "At the location where the ship was, were there any enemy vessels detected to be at that location?"
Hoosier says, "No."
T'Pesh says, "Where any of the enemy privy to witness Recruit Malink's actions at that time?"
Hoosier says, "I do not know."
T'Pesh says, "Where there any enemy troops on board the vessel where the incident took place?"
Hoosier says, "Not to my knowledge."
T'Pesh says, "Were there any individual's targeted as the enemy in current communication with the bridge at the time for any sort of negotiations?"
Hoosier says, "There were not, however, Recruit Melink kept demanding for us to raise the commander of the Romulan fleet. He said that he could get them to end this."
T'Pesh turns to Blake and states, "Move to strike the Admiral's last statement, defense did not ask about failed attempts."
T'Pesh says, "Please instruct the witness to answer questions "yes or no" unless otherwise instructed."
Blake gestures with a nod, "The Admiral's last statement will be striken from the record." he looks towards the Admiral, "Please answer the questions with a yes or a no, Admiral." He turns towards the Lieutenant, "But, do remember that it is a Flag Officer on the stand, Counsellor."
[Intercom: Breigh]--[Doctor Eldric and Lieutenant Sarvok, report to the observation lounge.]
T'Pesh nods to Blake.
[Intercom: Eldric]--[on my way]
Hoosier glances towards Blake, harshly. His gaze demands attention.
T'Pesh continues looking at Blake and states, "Sir, the defense would like to restate officially for the record proper objection procedure before the next like of questioning."
Blake says, "Very well."
[Intercom: Eldric]--[LT Sarvok report to the Observation lounge like you where order too!]
T'Pesh says, "For the record the defense will once again state the method of objection currently used as Starfleet Procedure... Should an order be given that is deemed unlawful or against Rules of War, Starfleet regulations or procedures, or otherwise immoral in accordance with the officer's cultural belief system, this individual is to verbally state his objection and the reasons for his objections to the officer issuing the orders or the officer in charge of the mission. The objection is to be verbally acknowledged by the Officer in Charge and then noted into the mission's log. Should the officer in objection be unable to carry out his orders, he is to stand down and investigation into the objection will then be carried out to see if the objection was indeed lawful."
T'Pesh turns her attention again to Hoosier.
Kersey accesses a security panel.
[Intercom: Kersey]--[Lieutenant Tarek, I will point out that it is NOT your job to make sure another officer, especially that of an equal rank, does what is asked by a superior officer.]
Hoosier glances towards Blake. "Please, sir. I cannot concentrate with all of this noise."
[Intercom: Eldric]--[sorry sir, but Lt, Briegh told me to grab him]
T'Pesh says, "Admiral, prior to the defendant's action against Lt. Commander Hendricks, was his objection acknowledged verbally?"
Blake raises his hand, as if to pause the courtroom.
T'Pesh waits and watches Blake.
Hoosier glances to Blake, ready to answer.
Blake accesses a security panel.
[Intercom: Blake]--[At this time I would like to ask that all crew refrain from using the intercom on the Reprisal until further notice.]
Hoosier nods once more to Blake. "Thank you." He turns back to T'Pesh. "Yes, it was, Lieutenant."
T'Pesh turns to the Admiral and says, "Could you state for the court exactly what it was you said to the Recruit in acknowledgement."
Hoosier says, "No, Lieutenant."
T'Pesh says, "Perhaps I will rephrase the questions. Please restate for the court what it was you said to Recruit Malink in acknowledgement of his objection."
Hoosier glances towards T'Pesh. "That was months ago. I have no idea what my actual response was. I'm not twenty-five years old anymore, nor did I ever have the memory of a Vulcan to begin with."
T'Pesh says, "Did you question Recruit Malink's patriotism?"
Blake chuckles slightly, "Rephrase the question, Counsellor to something other than exact specifics."
Hoosier says, "I informed him that I would not his objection. I have stated this multiple times for the court and in my statements."
T'Pesh says, "Pardon me, sir.. you said you would /not/ his objection? 'Not' what?"
Hoosier glances towards T'Pesh. "Lieutenant, I believe you have been asked to recognize my flag rank. You are mocking me." He clears his throat. "I informed him that I WOULD NOTE his objection." His face reddens.
T'Pesh says, "Sir, I am a Vulcan. There is no logical reason to mock."
T'Pesh says, "Sir, can you produce the mission's log with the recorded objection?"
Hoosier glances towards Blake. "Counsel should continue the questioning. I do not have time for small-talk, sir." He turns to T'pesh. "They were already sent to both sides."
T'Pesh says, "Sir.. I have not been sent any such logs."
Aymond raises a hand. "Logs? Approach?"
T'Pesh says, "Permission to approach the bench."
Blake gestures, "Counsel may approach the bench."
Aymond gets up, and walks on over.
T'Pesh walks over to the bench and stands next to Aymond.
Aymond whispers to T'Pesh and Blake: Alright, Admiral, Lieutenant, I haven't seen a log. Can someone pick out of the blue for me?
T'Pesh whisper, "Your honor the Defense has not been privy to any of the official records from that incident. No mission logs nor any reports, nor any mission outlines. There is no proof that there was any objection ever noted." to Blake and Aymond.
T'Pesh whispers with Blake and Aymond in case whispers are not posed or something.
Aymond whispers back.
Aymond whispers to T'Pesh and Blake: That would make both sides not having access to these official documentation. I don't have any of it.
Blake whispers to Aymond and T'Pesh: An official log from that day has not been entered into evidence and at this time I do not have a copy of it. Defense may reserve the right to recall this witness at a later time if they gain access to the official log.
T'Pesh nods to Admiral Blake.
T'Pesh walks back to the witness.
Aymond nods. "Facinating," he says, and walks off.
T'Pesh says, "Admiral, was the Recruit given any type of briefing prior to the commencement of the mission on board the USS Yorktown?"
Blake leans back into his chair, "Procede with your questioning."
Hoosier says, "No. This was an emergency reassignment."
Hoosier erms. "The Reprisal and Yorktown were both headed on the same assignment however. He may have received briefing there."
T'Pesh quirks a brow, "But you did not personally brief the Recruit?
Hoosier says, "I informed them of what I knew of our mission -- which was very little -- while en route."
T'Pesh says, "Please state for the court what was said."
Hoosier says, "I do not recall."
T'Pesh says, "What type of information was it that was given?"
Hoosier says, "I told the arrivals that we were bound for Romulan space."
Hoosier adds, "And that we would be engaging them."
T'Pesh says, "and this was the only information that was given, a destination and engagement?"
"So, Sir, during an emergency situation, with a 'Recruit' at tactical, no tactical strategy briefing was ever given?
T'Pesh says, "and this was the only information that was given, a destination and engagement?"
Hoosier nods. "I believe so."
T'Pesh says, "So, Sir, during an emergency situation, with a 'Recruit' at tactical, no tactical strategy briefing was ever given?"
Hoosier says, "There wasn't time."
Aymond raises a hand. "Oh. Objection."
Kersey stands and paces, as if he's frustrated by the line of questioning. He doesn't say anything.
Aymond says, "Defense is badgering the witness, we've heard this question before. And the anwser. Any more ways to ask it?"
T'Pesh says, "Defense merely establishing the facts"
Blake looks up, "Sustained. We've heard this question before. Let's move along Counsellor."
T'Pesh says, "Was Recruit Malink's behavior unruly prior the mission disclosure and to his refusal to comply disruptive or unruly in anyway?"
Hoosier says, "No."
Hoosier clears her throat. "Erm, excuse me. His behavior was fine /before/. His initial objection was fine, but then it escalated into much more."
T'Pesh says, "Did you contact Captain Kersey during the incident?"
Hoosier says, "Visual communications was established."
T'Pesh says, "Was Captain Kersey instructed to 'talk some patriotism into' the defendant?"
Hoosier says, "He was not."
T'Pesh says, "Recruit Malink stands accused of Mutiny. Did Recruit Malink act in concert with any others or were his actions his alone?"
Hoosier says, "His actions were alone."
T'Pesh turns to the conviening authority and states, "Let the record show that Admiral Hoosier is indicating that the defendant did not act in mutiny."
Blake nods from the bench.
Aymond makes a note.
Hoosier offers a quiet nod.
T'Pesh says, "Defense rests at this time but would like to reserve the right to recall Admiral Hoosier should the mission logs turn up, your honor."
Blake says, "Very well. Prosecution may call it's next witness to the stand. You may step down, Admiral Hoosier."
Hoosier nods towards Blake and heaves a great sigh as he leaves the stand.
Blake looks towards Aymond, "Unless the prosecution wishes to re-direct."
Aymond says, "Lieutenant Commander Hendricks, to the stand." He says, rising up. "No, your honor, I have no need of that at this time.""
Aymond says, "I do, however, may wish to recall the witness at a later time."
Blake says, "Lieutenant Commander William Hendricks, please approach the stand and raise your right hand."
Hendricks snaps his head up, obviously drifting away for a long while. He gets up from his chair, straightening his uniform as he walks up to the stand, raising his right hand as told.
Blake says, "Commander, do you swear to tell the truth, the whole truth and nothing but the truth?"
Hendricks nods once to Blake, "Aye, sir."
Blake says, "Take your seat. Go ahead Counsellor."
Aymond nods. "For the record, who are you, your rank, and your duty assignment, please?"
Hendricks takes a seat, the chair a bit too uncomfortable for him as he makes a bit of a face. "Hendricks, William. Lieutenant Commander. Starfleet Research and Development. Director of Advance Technologies."
Aymond nods. "And, I believe, you were sitting where... When the fateful events which lead us here to this courtroom occurred?"
Hendricks raises a brow, "Can you rephrase the question, sir?"
Aymond says, "What station were you manning, Lieutenant Commander, when the ship was flying towards the Romulan Fleet, and you were subsequently shot."
"Oh...silly me." Hendricks chuckles quietly. "I was manning the damage control station, Colonel."
T'Pesh sits quietly taking notes.
Aymond nods. "I see... Can you describe what happened that fateful day, as the Admiral has alot of failures to recollect, and I am still unsure?"
Hendricks nods once, clearing his throat. "Well...from what I remember, because of that godamned...I mean, unfortunate stun blast, I have a bit of trouble remembering. But from what I remember was I was temporarily assigned onto the Yorktown after the task force was sent...along with the Recruit."
Aymond nods. "I see. During the course of these events, did you say or do anything to provoke being... shot?"
Blake turns his head, "Please refrain from making comments like that Counsellor."
Hendricks mmms, "Well...the Recruit did insult me during his whole decree that he wasn't going to participate in the assignment by calling me by the wrong rank...so I mumbled under my breath 'Academy Hippy.'" He shrugs his shoulders, "After that I don't remember the first 20 minutes of the ensuing battle."
Aymond raises a hand. "Ensuing Battle? Please elaborate on this phrase."
"Well the attack on Romulan space." Hendricks replies. "I don't remember what we attacked but I do remember waking up to a badly damaged Yorktown."
Aymond nods. "I see... Do you remember, say, anything directly before being shot?"
Hendricks shakes his head, "Unfortunately, no. We were still enroute to the targets."
Aymond nods. "Alright, Commander. So, you were exchanging statements with the Recruit. Do you remember what it was about, before he drew down and shot you?"
Hendricks hmms, tilting his head up towards the ceiling. "Well...I do remember him asking to directly communicate with the Romulan Ambassador in hopes of trying to bring a bloodless solution. I tried to tell him that the Romulan Ambassador would not want to speak to a Marine Recruit, and shortly after that was when I was shot."
Aymond nods in reply, and paces away from the box. He goes towards his desk, retrives something from it, and then asks a question from the other side, "So, basically, there was a heated --- perhaps -- conversation between yourself and the Recruit, and then," He now draws something, which happens to be a PADD, as if it was a phaser, and goes "zap", the device pointing at Hendricks. "You were drawn down and shot?"
 [Cooper->T'Pesh]: Are yall gonna need me fer questioning anytime soon?
 [T'Pesh->Cooper]: You will be notified when you are needed. Please refrain from contacting me in this way as we are in the middle of a courtmartial procedure.
"It wasn't really a heated exchange, sir." Hendricks shakes his head, "He called me by the wrong rank, I mumbled 'hippy' and the next minute my ass was stunned. In all it took less than a minute."
Aymond nods. He looks at the PADD, pulling it up, and goes, "Your Honor, isn't it a bit late?"
Aymond nods. "Well, now. Mister Hendricks. No further questions. I reserve the right to re-direct, your honor."
T'Pesh stands and nods to the witness.
T'Pesh says, "Greetings Lieutenant Comannder."
Aymond mosies on down and has a seat.
Blake nods.
T'Pesh says, "Prior to the mission aboard the USS Yorktown, has Recruit Malink ever shown any hostility toward you in the past?"
Hendricks hmms, shaking his head, "No...only times I ever saw him was after the first Romulan terrorist attack inside the Reprisal. I saw him outside the airlock several times, he always was a quiet type of person."
T'Pesh says, "To your knowledge was the recruit given any briefing prior to the mission?"
Hendricks shakes his head, "No I do not know whether or not he was briefed before the mission...since he was part of the Reprisal's crew I assume so."
T'Pesh says, "What were the settings on the phaser that you were shot by?"
Aymond says, "Objection. Relevance."
T'Pesh says, "The defense wishes to establish the Recruits motives, weapons settings are relevant to this case."
Blake says, "I'll allow it."
Aymond says, "Your honor, the charge specifies raising a weapon or striking.... Alright, Your HOnor."
T'Pesh says, "The question is relative the the defendant's state of mind, not the charges."
Hendricks hmms, watching the whole court people jabber. "Well if I remember correctly, I was stunned...but at a high level...probably at highest stun level."
Blake says, "The charge of the weapon shows whether or not the defendant meant to physically harm the Commander, or simple render him unconcious."
T'Pesh says, "Thank you Lieutenant Commander for your patience. There is one final question."
T'Pesh says, "Have you ever had ANY problems either directly or indirectly with this Recruit in particular prior to December 20, 2395 at approximately 1806 hours?"
Hendricks shakes his head, "No...not in particular. I haven't had much contact with the Recruit."
T'Pesh says, "Thank again Lieutenant Commander. The defense rests."
T'Pesh says, "Your honor.. the Defense moves for a recess due to the time."
Aymond yawns. "Procecution has no objection, and seconds such motion with its own to recess."
Blake nods. "We'll continue tomorrow at 0900. Baliff will take the defenant into custody and escort him back to his quarters."