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Date: Sat, 05 Jun 2004 17:41:13 -0400
Subject: [ASC] NEW:VOY "In Pursuit of Justice" 1/13 J [PG-13]
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Forwarded by the ASC-VSO 
Posted: 3 Jun 2004 13:17:42 -0700  
In: alt.startrek.creative 
From: roq@iname.com (Rocky) 
 

Title: In Pursuit Of Justice
Author: Rocky
Contact: roq@iname.com
Web page: http://www.angelfire.com/yt/rockyroad
Series: VOY
Part: 1/13
Codes: J
Rating: PG-13
Date first posted: 6/3/04
Archive: ASC yes, all others please ask

Summary: A look at possible repercussions for Janeway from the
Disclaimer: Star Trek Voyager and all of its characters are the
property of Paramount. No copyright infringement is intended.

Author's Note: Of all Janeway's actions in the Delta Quadrant, the
only one I found myself incapable of justifying was the 'incident'
with Noah Lessing in the cargo bay during "Equinox." So I suppose it
was inevitable that I would one day write this story. Many thanks to
Seema for her wonderful beta work and invaluable suggestions. Any
remaining flaws are mine alone.

Time frame: Our story begins six months after Voyager's return home.

Feedback welcome. If you send comments to the ng, please cc me at
roq@iname.com


In Pursuit of Justice
By Rocky

Janeway stared out the window as the words of her Judge Advocate
General representative, Captain Simon Gaines, receded into a dull
background buzz. The small office afforded a fine view of the grounds
surrounding Starfleet Headquarters. Outside, a gentle breeze ruffled
the trees, their branches in full bloom against a deep blue sky. Even
after half a year on Earth, the simple daily rhythms of the planet's
rotation, let alone the seasons with their weather and temperature
fluctuations continued to fascinate Janeway. It was all so different
from the cold unyielding stars in the endless night of space...

"Captain Janeway, are you listening?" The hint of irritation in
Gaines' voice reminded her of the matter at hand.

She gave him an apologetic if perfunctory smile. "Of course. You're
detailing the various approaches to take for my defense."

"I'm glad you're paying attention; a charge of attempted murder is no
laughing matter." Janeway opened her mouth, but he waved her silent.
"Even though the alleged crime took place years ago in the Delta
Quadrant, the official records of the incident, not to mention several
eyewitness, still exist. The logs and recollections of your senior
officers, the victim himself--there's no disputing what transpired:
you threatened to expose Ensign Noah Lessing to attack from the
nucleogenic aliens, knowing such an act would almost certainly result
in his death."

Gaines' cool gray eyes met hers. He knew as well as she did that she
hadn't stopped at threats, but had actually carried them out.

"What we *can* do, however, is offer a different interpretation of
those events than the prosecution is going to present. One possibility
is that you and Commander Chakotay arranged this 'ploy' in advance--"

"Playing 'good cop, bad cop' falls under the umbrella of coercion, and
consequently would be considered unlawful," put in Lieutenant Jamie
Perry a bit hesitantly. His very youthful appearance, combined with
his tentative manner, did not inspire much confidence in Janeway.
"Assuming that a state of war existed between Voyager and Equinox, the
rules of engagement specifically say the military have an obligation
to protect prisoners of war from torture, whether physical or mental,
as well as death."

"As I was saying, it was a bluff, a simple interrogation tactic to get
the information of Captain Ransom's whereabouts from Lessing," Gaines
said, shooting Perry a warning look. He did not seem the type to take
kindly to being interrupted, even by his assistant. "The only question
is if Chakotay will go along with this."

"I'm quite sure he won't," Janeway said immediately. 

"Chakotay hasn't given a deposition yet," Gaines said, leaning
forward. "There's a good chance he might support--"

Janeway held up her hand. "I can tell you right now it won't work.
Chakotay heartily disapproved of my actions in the cargo bay, and he
let me know in no uncertain terms." Unwillingly, she recalled their
ugly confrontation afterward. "As punishment for disobeying my orders,
I removed him from duty and had him confined to quarters."

Gaines' disappointment was obvious. "All right, we'll cross that
option off for now, pending Chakotay's statement upon his return," he
said, picking up another PADD.

"Chakotay may be facing issues of his own," Perry said, darting quick
looks at Gaines. "Not because of something he did during the incident
itself—he went by the book, questioned an unlawful order, objected on
moral grounds, and tried to stop said action. It's what he *didn't*
do, namely report it to higher authorities."

"He never reported the incident due to Voyager's presence in the Delta
Quadrant; communication with Starfleet Command was impossible," Gaines
said, a bit testily. "He's certainly not going to be held liable."

"He had an obligation to report the incident once regular
communication became possible via Pathfinder," Perry said, clearly
uncomfortable with contradicting his superior officer but persisting
nonetheless. "Or failing that, once Voyager arrived back at Earth." He
paused for a moment. "Then again, he did record everything in his
official logs so perhaps—"

Janeway lost the thread of their conversation as Gaines and Perry
started debating technicalities, too startled by the suggestion that
any of her crew could be held liable in the Equinox incident as well.

She thought back to Gaines' earlier statements. "Return?" she asked.
Both men looked at her. "You said something about 'after Chakotay's
return.' Where is he?"

"He's off world, on his honeymoon," Perry said. 

Janeway nodded slowly. "I see." The news was hardly surprising, but
her mouth still tightened at the reminder of how out of touch she was
with the members of her former crew.

In the months since Voyager's return, once the excitement died down,
the crew had scattered, eager to pick up the threads of their former
existence. The expected struggles over the Maquis and their
questionable status had never materialized. After so many years
away--and the massacre of most of the Maquis in the Alpha Quadrant
during the Dominion War--full pardons were issued without much debate.
The field commissions Janeway had granted were honored, and citations
given for valorous acts above and beyond the call of duty. They were
all hailed as returning heroes, which made the upcoming trial so
difficult for her to comprehend. How did everything change so quickly?

Pushing those unwelcome thoughts from her mind, Janeway asked, "What
else are you considering?" She took a sip from her now-cold coffee and
put it down again with a grimace. Perry brought her a fresh cup at
once, which she accepted gratefully.

"Our only other option is to plead not guilty by lack of mental
responsibility," Gaines said.

Janeway stared at him uncomprehendingly.  "What did you say?"

"That you temporarily went around the bend due to the exigencies of
life in the Delta Quadrant. Ransom's attack on Voyager, kidnapping
members of your crew, disabling your defenses and leaving you open to
attack by the aliens, was just too much." Gaines tapped his stylus
thoughtfully. "It's too bad we don't have any hard medical evidence to
support this contention, considering your Emergency Medical Hologram
wasn't on board at the time, but I'm sure we can use previous episodes
of depression, like your behavior in the Void as further proof--"

"No," Janeway cut in, looking from one to the other of the officers.
"There is no way in hell I'm going to plead insanity. It will ruin my
career."

"Your career is in shambles already," Gaines said brutally. "The odds
against your ever commanding another ship again are astronomical." He
let his words sink in for a moment. "But it can get worse. If you
don't follow my recommendation, you could be facing even more severe
consequences."

"I'd rather go to prison."

"That's exactly what's going to happen." Gaines then tried again in a
more reasonable tone of voice. "Captain, there is a stack of evidence
that can and will be used against you. This is your only way out."

"I said no. I will not allow you to use that tactic in my defense."
Janeway stood, her hands balled into fists on her hips. "Unless you
want to have me declared incompetent to participate in my own case."

Gaines exchanged glances with Perry. "Well, Lieutenant, do you have
anything to offer?"

"Self-defense might be an option here," Perry said, almost stammering
in his eagerness. "Captain Janeway is accused under Article 128 –
assault – and self-defense is a viable defense if  Lessing was
apprehended under the reasonable grounds that the accused was about to
suffer wrongfully from bodily harm, if she believed the force used
against Lessing was necessary for protection from bodily harm, and the
force used was less than reasonably likely to cause death or other
grievous harm."

"As you know, the actual circumstances rule that out," Gaines said,
somewhat impatiently. "Anything else?"

"What about defense of another?" Perry said. "The accused acted in
defense of another person—in this case the crew of Voyager--provided
that the force used was lawful. Lessing represented a danger to the
ship, and the law states that if the accused believed someone would be
harmed if she didn't act immediately – "

"The apprehension, the fear of imminent harm, must continue throughout
the act, and so it doesn't apply here either," Gaines said. "Lessing
was no longer capable of harming Voyager at that moment, and Janeway
had every opportunity to avoid this line of interrogation."

Perry looked suitably crushed. 

Gaines continued, "So you see, Captain, lack of mental responsibility
is the only possible defense."

"Voyager was in a state of emergency, under attack by an enemy after
having sustained severe damage and been rendered virtually defenseless
by another Starfleet vessel," Janeway said, striving to keep her
temper in check. "Why is this so hard for you to understand? Under the
circumstances, I did what I had to do, because the safety of my crew
and ship were at state. Some of those actions may have appeared harsh,
but they were absolutely necessary." She took a deep breath.
"Lessing's information about Ransom was crucial. I questioned him,
tried reasoning with him, and then pressed him when he remained
uncooperative."

There was a long silence.

"That  might work," Perry said at last to Gaines, not looking Janeway.
"Focus on the war aspects, the extenuating circumstances."

"Torture of prisoners during interrogation is frowned upon, to put it
mildly. Even in this post-war political climate." Gaines smiled
briefly, but it didn't reach his eyes. "All right, Captain, we'll play
it your way. For now."

End part 1

--
Forwarded to ASCL by:
Stephen Ratliff
ASC Stories Only Forwarding

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