(By Penny A. Proctor. See Chapter 1 for disclaimers)
Chapter 4: Unequal Laws
From The Written Transcript of the Court-Martial of Captain Kathryn Janeway, January, 2380:
Capt. Louvois:
Captain Janeway, I will ask this once for the record so we can lay it to rest once and for all. What was the nature of your relationship with Commander Chakotay while on Voyager?
Capt. Janeway:
I consider him not only one of the finest officers with whom I have served but also one of my closest friends and most trusted advisors.
Jake Sisko looked again at the transcript from Kathryn Janeway's court martial and frowned. The words remained the same at this reading as they had for the hundreds of times he had read it in the past. There it was, virtually a flat denial. Captain Janeway had stated under oath that she and Chakotay were merely friends and passed the ARA.
The autonomic response analysis, or ARA, had been standard courtroom equipment for more than a century. It was hard-wired into the witness stand, and as long as the technician entered the proper species of the individual giving testimony, it was believed to be infallible. The system compared the witness's physiological readings to that of the baseline for the species and issued an alert if any deviation from norms indicated intentional departures from the truth.
Why did this bother him so much? He realized that he had become almost obsessed with the question of the relationship between Janeway and Chakotay. It seemed to him that this was the secret to understanding Kathryn Janeway, the real Kathryn Janeway. The official version painted her as a competent, occasionally brilliant commander who sacrificed her personal life for her career. Green's unauthorized biography described a cold, repressed personality who developed a weird, co-dependent relationship with a few of her senior staff, including Chakotay. Jake knew in his heart that neither of these was correct. The Kathryn Janeway he had come to know through his research was more intelligent than Starfleet gave her credit for, and a much warmer, passionate woman than Green depicted. All of Jake's instincts told him that her relationship with Chakotay was the key to defining the woman.
He looked again at the transcript. As ludicrous as it seemed, this was the pivotal point in her defense; if the court had upheld the charge of conduct unbecoming an officer by conducting a sexual relationship with her prisoner, all the other charges would have been colored with the perception that she had been corrupted by her association with the enemy. She had answered her counsel's question with utter serenity and without tripping any ARA alerts.
He set the padd with the transcript aside and rifled through the piles of materials on his work desk until he found the record he sought. It was the raw material from an interview he conducted with Phillipa Louvois immediately after the verdict in the Janeway trial. Coincidentally, that day had been Captain Louvois' 65th birthday - although she was doing her best to ignore that fact. Looking at the image now, he saw a middle-aged woman who was counting on nature to be gentle, with mixed results. Her hair was still auburn streaked with gold, and her figure still trim. The only truly visible indication of her age was her face, which had developed deep wrinkles from stress and worry. In the aftermath of the trial, she was still running on adrenaline and she seemed to radiate an unquenchable energy.
"No one wanted to take this case," the young Jake Sisko began. "Why did you?"
She smiled. "For the record, because I believed in my client and because I wanted a chance to go up against Cyrus Blue once more."
"And off the record?"
"Off the record, because I knew there wasn't an experienced JAG in the 'fleet willing to buck the Firsters. Captain Janeway was going to be saddled with a well-intentioned but completely green counsel. My career was stalled anyway, so I didn’t have much to lose. And it is true; I wanted to go up against Blue. I never liked his style – he can be overly-dramatic and too emotional. We've been on opposite sides of the table about a dozen times, and the outcomes were about even. I wanted a chance to deflate his ego a little bit."
Jake looked at her in surprise. Even given the emotion of the day, she was being remarkably forthcoming; Judge Advocate General officers were notoriously circumspect. She saw his surprise, and laughed.
"I may as well tell you, I’m leaving Starfleet. Warren Ntomo has offered me a partnership in his practice. It's time for me to try something else."
"Are you being forced out?"
"Not at all. But I feel I can accomplish more back on Earth than stuck out in the boondocks. This trial reminded me how much I miss being near the action."
Jake nodded. "You were still on Starbase 173 when Voyager came home, yet I've heard you actually pulled strings to get this assignment. How did you learn about it? "
She took another sip from her glass. "Picard told me about it."
"Captain Jean-Luc Picard? But…he was a member of the panel. Wasn't that some kind of conflict?"
"Not at all. He called me before he was appointed. We're old friends, and frankly, neither of us has been happy with the direction that Starfleet and the Federation have been heading the past few years. He asked me to make certain that Janeway had competent counsel, that's all. I concluded that there was no one more competent than me for the job."
Jake looked up. Things were beginning to fall into place now. Oddly, the Enterprise was the hub of all the assistance rendered to the Voyager crew on their return. Barclay, a former Enterprise crew member, had warned Janeway to expect trouble; O'Brien, also a former crew member, had helped bring Voyager's return to the public eye; Riker had learned of the secret deals being offered; Troi had helped convince Janeway and Chakotay to fight rather than accept the deals. In that context, it made perfect sense that Picard would have persuaded Louvois to take the case.
Louvois had made the trip from Starbase 173 to Earth in record time, and was present for Janeway's arraignment. She refused to waive the reading of the charges and specifications, so the entire outrageous list was read aloud to the general public.
One charge of Improperly Hazarding the Vessel: specifically, running Voyager between binary pulsars.
One charge of Cruelty to a Prisoner: specifically, threatening Crewman Noah Lessing, prisoner, with death at the hands of hostile aliens.
Twenty-eight charges of Releasing Prisoners Without Proper Authority: specifically, the entire crew of the Liberty.
Five charges of Failure to Obey a Regulation, specifically, four violations of the Prime Directive (interference with the normal development of the Ocampa; violating the laws of Akitiria by liberating two crewmen, duly convicted by the laws of the Akitirian government, from prison; providing technology to the Hirogen in exchange for safe passage; and interfering with the enforcement of Devoran law against citizens subject to Devoran jurisdiction) and one violation of the Omega Directive.
Three charges of violations of the General Article, specifically, failing to accept Q's offer of transport to the Alpha quadrant; failing to accept technology offered by the Borg Queen which would have enabled a quick return; and making a deal with the Borg to combat species 8472.
One charge of Conduct Unbecoming An Officer, specifically: engaging in a sexual relationship with "a prisoner under her command", meaning Chakotay, and insinuating that the relationship began even before he accepted her offer of melding the crews.
About the only thing that was missing was a charge of inciting a riot on Voyager when the Beijing arrived. Apparently Hays thought better of trying to prove that one.
Louvois and Janeway had stood stoically, showing no emotion while the charges were read, and then entered a plea of "not guilty" to each of them. As they left the Starfleet Judicial Building, they were swamped by a phalanx of reporters, including Jake. Louvois stopped to make a statement.
"My client has entered a plea of 'not guilty' to the charges filed against her, and we have no doubt that she will be exonerated when the matter is finally tried. The trial will be conducted in accordance with the procedures of Starfleet and not in the press, so we will not be making further comment."
Several reporters looked crestfallen but Jake pressed forward. "Captain Louvois, without commenting on the specifics of the charges, do you have any reaction to them?"
Phillipa Louvois gave him a long, hard look. "Jake Sisko, right? Ben Sisko's son?" When he nodded, she said, "The last time I saw this much hogwash was the summer of '29, when I worked on my grandfather's pig farm. Captain Janeway's remarkable accomplishments are being tarnished for what appears to be solely political motivation, and we should all be ashamed."
"Was she sleeping with the Maquis renegade?"
The question was shouted by Tomar Rys from the Independent News Service, standing on the periphery of the crowd. INS was solidly in the Federation First camp, and the animosity in her voice was unmistakable. Both Janeway and Louvois turned to her. Janeway started to answer, but Louvois laid a hand on her arm. "I assume you are referring to Voyager's first officer, Commander Chakotay. The evidence will answer that question, Ms. Rys. We have no further comment."
"If she slept with the Maquis, how can we trust her judgment on anything? She abandoned Starfleet principles."
Louvois fixed a hard glare on her, and Rys backed up a step. "Ms. Rys, you are engaging in the kind of evil speculation that distorts the truth. I urge you to wait until the evidence is presented before you make a judgment. My client does not want sympathy; she wants only to have an opportunity to make her case and be judged on the facts. We have no further comment."
Whether she knew it or not, Tomar Rys had revealed the strategy of the prosecution: to establish that Janeway had been weak enough to succumb to a sexual relationship with Chakotay from the beginning, and allowed that relationship to influence all of her subsequent decisions. There was enough lingering resentment against the Maquis that it could be effective; although there had never been an official act naming the Maquis an enemy of the Federation, in the minds of many that was exactly what they had been. A commander who would sleep with the enemy was not to be trusted or respected – at least, that was the prosecution hoped the court-martial panel would believe.
The trial itself convened quickly, at Louvois's insistence. It was open to the public in accordance with Starfleet regulations, and Jake attended with a seat in the gallery reserved for the press. From there, he had a clear view of the entire courtroom. Janeway's family and closest friends, including her mother and sister, Admiral Paris and his wife, Tuvok and other Starfleet members of Voyager's crew, occupied the rows directly behind the defense table. Admiral T'Sora, the third highest-ranking officer in the JAG corps, sat as the judge. The court reporter and the chief technician, responsible for the calibration of the ARA, were seated in front of the judge.
The composition of the panel, or jury, represented a major victory for Louvois even before the trial began. Under regulations, the five-member panel had to consist of officers of equal or greater rank than the defendant. Although the prosecution had tried to pack the panel with admirals with little actual deep space experience, the final panel was composed of only one desk-bound admiral, Rear Admiral Edward Jellico, a known Federation First supporter. The other four were captains with starship commands: Jean-Luc Picard and Marcia Despatie, both of whom were known to oppose the Firsters; Aaron Cole, a veteran of the Battle of Cardassia Prime and vocal Firster; and Pandora Franklin, who had come up against the Maquis many times in the early 70's but whose political leanings were unknown. A simple majority vote would be sufficient for the verdict, so Franklin was the key member.
Captain Cyrus Blue was the prosecuting officer. He was one of the most experienced trial counsel in the JAG, and he was a public supporter of the Federation First movement. It was apparent from his opening statement that the prosecution of Kathryn Janeway was not just an assignment for him – it was a personal crusade.
Yes, Captain Janeway is to be admired for bringing her ship home safely. But at what cost? How many times were the principles of the Federation cast aside in the name of expediency? How many times did she violate our cardinal rule, our Prime Directive, for the sake of a shortcut or to ease the journey? How many times did she ignore, bend and break the regulations of Starfleet that she solemnly promised to uphold?
It may be argued that under the circumstances, the end justifies the means. Captain Janeway did what she did to bring her crew home. No one here will contest the validity of that goal. But were her actions forced by necessity – or do they reflect something else? The record will show that in those instances that resulted in the charges brought against her, Captain Janeway failed to consider alternatives more in keeping with the standards of Starfleet. This failure was the direct result of the personal and inappropriate relationship she developed with the very man she had been sent to arrest, the Maquis rebel Chakotay – a relationship confirmed by a member of Chakotay's crew.
"There is no one in this room who cannot sympathize with the loneliness and isolation that Captain Janeway must have felt upon realizing the terrible fact that her ship was 75,000 light years from home. But instead of rising above it, she surrendered to that loneliness and allowed an enemy of the Federation to assume a position of power on her ship, both professionally and personally, a power that corrupted and undermined her judgment. This court will see that each of Captain Janeway's maverick and inappropriate decisions can be traced to the Maquis mentality of selfish expediency insinuated into her consciousness by her lover.
Jake remembered the look on Captain Janeway's face as Blue spoke those words. She sat, attentive but relaxed, her face showing nothing more than polite interest until Blue attributed her actions to Chakotay. Then, so subtly he almost missed it, she smiled. At the time, he had not known how to interpret that smile.
Blue opened his case with the intent of proving the charge of "Conduct Unbecoming An Officer." If he could establish the relationship between the Captain and the Maquis, he could seriously damage Janeway's credibility with regard to the rest of the charges. Even Picard would have to be swayed by such weakness in command.
Jake pulled out the written transcript and found the prosecution's "smoking gun" – the evidence that seemed to be the most damning of Janeway.
Capt. Blue:
The prosecution would like to introduce its Exhibit A, an entry from the personal log of Ensign Seska of the USS Voyager.
Adm. T’Sora:
I understand that the defense has stipulated as to the authenticity of this record.
Capt. Louvois:
Yes, your honor. We do not doubt that this entry was created by the Cardassian spy, Seska.
Adm. T'Sora:
Captain Louvois, please refrain from characterization of the witness.
Capt. Louvois:
My apologies, your honor. Since Captain Blue characterized her as an ensign, I felt at liberty to do so.
Adm. T’Sora:
Please refrain from extraneous comments, Captain. Proceed, Captain Blue.
Capt. Blue:
Thank you. I will now play, for the record, an entry from the personal log of Seska, dated stardate 48656.93.
Voice of Seska:
I’ve lost him. I’ve lost Chakotay. He’s taken Janeway as a lover, I’m sure of it. At first, I thought he was just being clever – seducing her to gain her confidence until he could make a move. Now I know better. He’s infatuated with her. [a huff of breath] It’s humiliating, really. She’s not his type – scrawny, bookish and probably passive as a log in bed. Worst of all, stupid. First she got us stuck here and now she refuses to see what needs to be done. If we’re going to survive, we have to have allies and if that means sharing some of our precious Federation technology, so be it. He’s so besotted he can’t see what’s important any more. [pause] The sex can’t be as good as it was with me. If I’m patient and clever, he’ll come back to me. He’ll come back.
Adm. T’Sora:
Quiet in the courtroom.
Capt. Louvois:
For the record, your honor, I renew our objection. That testimony is entirely hearsay.
Capt. Blue:
I ask the court’s indulgence. As you know, Seska did not survive and cannot be called for direct examination. This entry was made less than two days before she left Voyager. It should have the effect of a dying declaration, or at the very least, a journal made in the routine course of business.
Capt. Louvois:
A dying declaration? Or the jealous fantasy of a spurned lover? Or even the desperate record of a spy who feared that someday she might need to explain to her Cardassian masters why she lost her position of influence on the ship? Seska lived for more than a year after that entry was made, your honor. It is ludicrous to dignify it with the impact of a dying declaration, and insulting to credit it was a routine journal entry.
Adm. T’Sora:
I concur that this cannot be considered a dying declaration. I am going to defer a ruling on the journal issue. I caution you, Capt. Blue, if you do not produce some corroboration for this record, it will be struck from the record.
Captain Blue had looked quite dissatisfied with that statement, Jake remembered. He apparently had expected the Judge to accept the entry without question. The next witness he called was the clerk of the court, for the sole purpose of reading portions of Captain Janeway’s medical file into the record. Ordinarily, the ship’s doctor would have been called for this purpose, but in pre-trial motions the EMH had been excluded from giving testimony on the grounds that the veracity of a hologram could not be confirmed. In addition, the EMH was still at the Vulcan Embassy, claiming asylum.
Although both lawyers stipulated that the logs were the accurate records of the CMO, there had been a brief debate among the lawyers as to whether the CMO’s logs were admissible if the CMO himself could not be called as a witness. Admiral T’Sora finally ruled that the logs could be entered as a record kept in the regular routine of duty.
At Blue’s instruction, the clerk read portions of Captain Janeway’s medical records that documented that she maintained chemical contraceptive use the entire seven years in the Delta quadrant. The implication that contraceptive use equated with sexual activity caused Captains Franklin and Despatie to frown deeply, but Jellico nodded as if a vital point had been made. Louvois then rose for the cross-examination.
Capt. Louvois:
Thank you. Crewman Chen, will you please locate the entry of the Chief Medical Officer dated 53664.23, and – with my sincere apologies to my client and this court for delving into such a personal matter – read it?
Cwn. Chen:
This afternoon I consulted with Captain Janeway concerning the benefits of pursuing a relationship with a holographic character. The cumulative effect of years of command isolation and the lack of physical intimacy is taking a toll on her, and she recognizes that fact. We discussed the limited options available to her in our present circumstances for intimate relationships, since as Captain she cannot indulge in a relationship with a subordinate and there are no other opportunities for a long-term partner. She expressed reservations about using the holodeck for this purpose but agreed to consider it. It is signed by the CMO, Voyager.
While this was read aloud, Janeway sat absolutely still. Her face flushed with embarrassment as the clerk droned on, but otherwise she showed no reaction to the testimony. Blue called Harry Kim to the stand next. The direct examination lasted nearly three hours, as Kim provided details on a number of issues in the charges. It was the exchange about the relationship with Chakotay, though, that Jake focused on as he reviewed the transcript.
Capt. Blue:
How would you characterize the relationship between Captain Janeway and Chakotay, Lt. Kim?
Lt. Kim:
They were – are – very good friends as well as colleagues.
Capt. Blue:
When Voyager returned to the Alpha quadrant, Mr. Kim, did you observe Chakotay kiss Captain Janeway?
Lt. Kim:
Yes, I believe so. She also kissed –
Capt. Blue:
Thank you. Tell me, Lieutenant, do you believe Captain Janeway was in love with Chakotay?
Lt. Kim:
[pause] I don’t know. The Captain didn't take me into her confidence.
Capt. Blue:
No, but you were on the bridge every day with her. Did you ever observe her touch Chakotay unnecessarily?
Lt. Kim:
The Captain touched everyone unnecessarily, including the Commander. She’s a touchy kind of person.
Capt. Blue:
Isn’t it true, Lieutenant, that there was a betting pool on how many times the Captain would touch Chakotay in the course of a shift and that you won?
Lt. Kim:
Yes.
Capt. Blue
Was there ever a betting pool on how many times she would touch someone else?
Lt. Kim:
No.
Capt. Blue:
I ask you again, Lieutenant - do you believe that Captain Janeway was in love with Chakotay?
Lt. Kim:
[pause] Yes, I do.
Capt. Blue:
And believing that, isn't it possible that they were lovers?
Lt. Kim:
No, sir.
Capt. Blue:
No? In a whole universe of possibilities, you maintain it is impossible for a woman in love with a man to take that man as her lover?
Lt. Kim:
You don’t know Captain Janeway. As much as I think she loved the Commander, she loved us more. She would never place her personal happiness above the welfare of the ship.
Capt. Blue:
[pause]. Turning now to the Akitirian incident –
Blue also called Tuvok as a witness in a lengthy examination that covered almost every charge. Although Tuvok noted that he had not agreed initially with several of Janeway's decisions, including the decision to meld the Maquis into the crew, time had proven her correct. Jake thumbed through the transcript to find the passage he wanted to review.
Capt. Blue:
You served with Captain Janeway a number of years before taking the undercover assignment with the Maquis, is that correct?
Lt. Cmdr. Tuvok:
Yes. That is correct.
Capt. Blue:
Did you consider Captain Janeway a friend?
Lt. Cmdr. Tuvok:
Yes. I still do.
Capt. Blue:
And you were the Security Officer of Voyager?
Lt. Cmdr. Tuvok:
Yes.
Capt. Blue:
In your capacity as Security Officer, did you regard Chakotay and the other Maquis as a security risk?
Lt. Cmdr. Tuvok:
Initially, yes. It would have been illogical to do otherwise.
Capt. Blue:
Did the Captain share your concern?
Lt. Cmdr. Tuvok:
Yes, although not to the same degree.
Capt. Blue:
Please elaborate.
Lt. Cmdr Tuvok:
The Captain believed that there might have been isolated individuals among the Maquis who were not to be trusted, although until Seska revealed herself she did not know who these might be.
Capt. Blue:
Was Chakotay among those she suspected?
Lt. Cmdr Tuvok:
No. Nor was Lt. Torres. She trusted them both completely.
Capt. Blue:
Did you share this trust?
Lt. Cmdr. Tuvok:
As I said, not initially.
Capt. Blue:
Why do you suppose Captain Janeway was so willing to trust Chakotay, a man she knew to be a dangerous opponent of the Federation?
Lt. Cmdr. Tuvok:
I do not indulge in supposition. However, during our years together I have observed that Captain Janeway is often able to judge the character of other humans swiftly and accurately.
Capt. Blue:
Did you ever suspect that Captain Janeway was engaging in a sexual relationship with Chakotay?
Lt. Cmdr. Tuvok:
Yes.
Capt. Blue:
Did you act on that suspicion?
Lt. Cmdr. Tuvok:
Yes.
Capt. Blue:
What did you do, Commander?
Lt. Cmdr. Tuvok:
I asked the Captain if that was the case. She assured me it was not.
Capt. Blue:
When was this?
Lt. Cmdr. Tuvok:
Stardate 51245.6, shortly after a group of aliens attempted to conduct scientific experiments on the crew.
Capt. Blue:
Shortly after she ordered the ship to fly between a binary pulsar.
Lt. Cmdr. Tuvok:
Yes.
Capt. Blue:
So she denied the relationship. Did you do anything further, or did you accept her word?
Lt. Cmdr. Tuvok:
I accepted her word. There was no reason to do otherwise.
Jake looked up from the transcript. If Tom Paris had been correct, the conversation Tuvok described took place shortly after Janeway had ended the relationship. Tuvok had not lied: at the moment of the conversation he reported, the Captain and the Commander were not together. Tuvok had not lied, but he almost certainly had not told the entire truth.
Although it wasn't pertinent to his quest, Jake skipped ahead to the cross-examination conducted by Phillipa Louvois. She had released him from the stand after Blue finished, and then recalled him during the defense's case-in-chief, just before Janeway took the stand. She posed only one question about the relationship between her client and Voyager's first officer.
Capt. Louvois:
I'm curious, Mr. Tuvok. What would your reaction have been if you had learned that Captain Janeway and Commander Chakotay were involved?
Lt. Cmdr. Tuvok:
Although it would have been a breach of protocol, I would not have lodged a serious objection. Commander Chakotay proved himself to be an honorable man and able officer, and he made it clear that the welfare of the ship and the well being of the Captain were his first priorities. Under our circumstances the burden of command was a heavy one, and I believe that a relationship with Commander Chakotay would have helped her bear it.
Captain Blue called several more witnesses from the Voyager crew, but none of them offered testimony that differed from Kim or Tuvok in any significant respect. In fact, with the exception of Tuvok, every witness had been obviously reluctant to offer any testimony against Captain Janeway – a fact that did not go unnoticed by any of the press covering the trial. The testimony that was anticipated to provide a boost to the prosecution was that of Crewman Noah Lessing, the purported victim in the charge of Cruelty to a Prisoner. On direct examination, Lessing recounted how Captain Janeway had left him at the mercy of aliens intent on killing him because he refused to provide information about the location of the Equinox. Louvois' cross-examination established the facts surrounding the event, including the fact that the Equinox had deliberately left Voyager alone to face the wrath of the aliens the Equinox had been systematically murdering.
Capt. Louvois:
Were you injured in the encounter, Crewman?
Cwmn Lessing:
No, ma'am. I was scared shi – I mean, I was pretty scared, but I wasn't hurt. Commander Chakotay got me out before the aliens got to me.
Capt. Louvois:
Did Captain Janeway interfere with Commander Chakotay as he did this? Did she order him to stop?
Cwmn. Lessing:
No, ma'am. She just watched.
Capt. Louvois:
Have you ever heard the phrase 'good cop, bad cop,' Mr. Lessing?
Cwmn. Lessing:
Yes, ma'am. It's possible that's what they were doing. I never asked them.
Capt. Louvois:
Thank you, Mr. Lessing. You may step down.
Cwmn Lessing:
Your Honor? Can I say something else?
Adm. T'Sora:
This is irregular, Crewman, but under the circumstances I will allow it. Make your statement.
Cwmn. Lessing:
I've heard people say that the relationship between the Captain and the Commander was inappropriate. That's wrong. Maybe you needed to see how poisonous the relationship between Captain Ransom and Commander Burke was to know that. Captain Janeway and Commander Chakotay were better officers because they listened to each other. They got us home in a way we could be proud of, and I don't understand why you all don't see that.
Capt. Blue:
Your Honor –
Adm. T'Sora:
Sit down, Captain. Thank you, Mr. Lessing. Your comment will be noted in the record. You are excused.
Blue closed his case after that, but not before Louvois renewed her objection to the admissibility of Seska's log entry. Admiral T'Sora did not even recess to consider the motion, but ruled on it from the bench. "In light of the fact that the prosecution has failed to produce even one piece of corroborating testimony which would elevate the log entry of Ensign Seska to anything other than hearsay. The motion to exclude therefore is granted."
It was a huge victory for the defense, not only because the prosecution had nothing else to support that charge but also because it exposed the weakness of the overall case. The entire trial was suddenly cast in a different light, a light that favored Captain Janeway.
Rather than continue reading the transcript, Jake pulled up the unedited FNS holo-vid coverage of the trial, beginning with the case-in-chief of the defense. Perhaps watching the scene would trigger some insight that so far eluded him.
The courtroom was very much as it had been throughout the trial, only some new observers came when the defense opened its case. Reg Barclay, Lewis Zimmerman and Deanna Troi joined the Janeway and Paris families in the row immediately behind the defense table. Witnesses had been sequestered prior to testifying, but once excused they were free to observe the trial so the gallery was filling up with former Voyager crew.
Louvois had called only a few witnesses during her case-in-chief. Her first witness was Neelix, who came to the courtroom in the company of the Vulcan Ambassador. There was a bit of a buzz in the courtroom as the Talaxian rather nervously took the stand. Her questions focused on the dangers of the Delta quadrant, and Neelix appeared happy to recount the longstanding hostilities between the Talaxians and the Haakonians, Kazon and the Trabe, the Kazon and the Ocampa, and the Kazon among themselves. Jake barely suppressed a shiver at the description of the Vidiians and how they had helped themselves to both of Neelix's lungs. The list of aggressively hostile aliens went on and on, touching on the Swarm, the Hirogen, the Devore, the Hazari, the Vodwaar and Species 8472. Then Neelix began to describe the subtler problem of the nonagressive but unfriendly species, such as the Enarians, the Akitirians, and the Sakari. He finished with a discussion of the Borg.
Jake studied the faces of the panel as Neelix spoke. At first, they each maintained a stoic expression, not willing to give away anything. Picard broke first, showing surprise as Neelix described the visits from Q. Despatie seemed to be hooked by the description of various Kazon sects. When Neelix described Species 8472, Franklin and Cole leaned forward, intently listening to every word. By the time he described the ship's various encounters with the Borg Queen, even Jellico was listening raptly. The hardships and privations Voyager had experienced became more real than ever before in the simple words of the sincere Talaxian.
Blue also noted the keen attention from the panel, and decided to forgo cross-examination of the witness. The little alien was so earnest, and so clearly devoted to Janeway, Jake guessed the prosecutor realized he would only antagonize the panel if he pressed for an answer.
Louvois next called Seven of Nine. Like Neelix, she had arrived with the protection of the Vulcans. Her testimony was key on several of the charges, particularly those involving the Borg. Not surprisingly, Picard followed the questioning with riveted attention. Seven described her own assimilation, the manner in which she was freed from the Collective, and provided details on both her own return to individualism and the subsequent confrontations with the Borg. The courtroom was absolutely silent as she described the decision of Janeway, Tuvok and Torres to permit themselves to be assimilated in order to create a resistance movement within the Collective.
Blue tried to be polite with Seven, but his animosity toward her became increasingly evident as his examination wore on. By the end, when she refused to concede that she had been sent aboard Voyager as an agent of the Borg, he became positively hostile towards her.
Louvois conducted a gentle re-direct examination, notable in Jake's mind only for the following exchange:
Louvois did not rise from her seat, but looked up to ask her last question. "A great deal has been made of Captain Janeway's relationship to various members of her crew. How would you describe your relationship with her?"
Seven of Nine looked from Louvois to Janeway, and her expression softened for a moment. Then she returned her gaze to the lawyer. "Captain Janeway is the only mother I have ever known."
After Seven, Louvois recalled Tuvok to the stand. He testified for two and a half days, going over every significant decision Janeway made in the Delta quadrant, whether part of the charges or not. She kept him on the stand until just before the lunch break.
The next witness was Janeway herself. The courtroom quieted as she took the stand and affirmed her obligation to tell the truth. Louvois took a long time establishing Janeway's background and record prior to Voyager, noting her rapid rise to command and numerous commendations for valor. Then she paused, and looked directly at her client.
"What was the nature of your relationship with Commander Chakotay while on Voyager?"
Janeway kept her eyes fixed on Louvois as she answered. "I consider him not only one of the finest officers with whom I have served but also one of my closest friends and most trusted advisors."
That was all Louvois had asked on the subject. Almost immediately she moved on to questions that related to the decision to incorporate the Maquis into Voyager's crew, and she never came back to the issue of the relationship again.
Direct examination on all of the charges took nearly two entire days of testimony. Jake fast-forwarded until he reached the moment that Cyrus Blue rose to conduct cross-examination. The man walked with an ease that seemed at odds with the intensity of his stare as he approached the witness stand.
"Captain Janeway, what was the nature of your relationship with Chakotay?"
Louvois was on her feet almost immediately. "Asked and answered, Your Honor."
Blue turned to the bench. "The prosecution believes the answer was incomplete. I simply want to be clear on this point."
Admiral T'Sora nodded. "Overruled. Answer the question, Captain Janeway."
Janeway met his eyes levelly. "He was my executive officer, the finest I have ever served with. And he was – is – one of my closest friends."
Blue shook his head. "Come now, Captain, you can be more specific than that."
She did not flinch from his gaze. "All right. He is the most trusted confidante and advisor I have had in my career."
"Is that all?"
"You make that sound insignificant and somehow tainted, sir." A faint flush crept over her cheeks as she spoke. "I was 75,000 light years from home in uncharted territory, and Lt. Commander Tuvok was the only officer with whom I had worked before. A third of my crew had no Starfleet experience and initially had no reason to trust my leadership. Without Commander Chakotay's friendship and counsel, I doubt we would have survived the first year."
Blue waved his hand dismissively, as if her statement had been meaningless. "That's very loyal, but irrelevant." His eyes narrowed and he pronounced each word with cutting precision. "Were you his lover, Captain?"
"You're really asking if I allowed my relationship with Chakotay to undermine my authority or influence my judgment."
"Answer yes or no –"
"Look at my logs, sir." She cut him off and kept speaking when he tried to interrupt her. "Chakotay disagreed with me on many decisions – some of them related to the charges at issue in this trial. I always did what I deemed to be in the best interest of my ship and crew, and he supported me, whatever his personal opinion. Perhaps if I had listened to him more often, I wouldn't be sitting here now."
The prosecutor turned to the judge, clearly frustrated. "Your honor, please instruct the witness" – he wheeled about and pointed at Janeway – "to stop evading the question and answer."
Admiral T'Sora nodded. "Indeed. Captain Janeway, you must respond."
"With all due respect, Your Honor, I am responding." Her hands gripped the arm of the chair until her knuckles were white. "There was only one captain on Voyager, and it was me. I may have made some questionable decisions, but they were mine, and no one else's."
Blue's voice raised with barely suppressed anger, and he took hold of the witness box and leaned in toward her. "This is very simple, Captain. Did you have a sexual relationship with Chakotay? Yes or no."
"Yes – Chakotay was my best friend. No I did not let it influence my command." Janeway’s voice was colder than open space, but her eyes were blue fire.
"Damn it, are you saying that you were sexually intimate? Yes or no?" Blue demanded, banging his fist down on the railing of the witness box.
Janeway leaned forward so that her face was only centimeters from his. Her voice dropped in pitch but was completely audible and sharp enough to cut glass. "This isn't about the truth of the relationship. You're asking for pornographic details to parade on the news nets. You want to me to say that I was so weak, I traded my command for the sake of a really good fuck."
Oblivious to the audible gasps from the gallery, she rose from the chair, gripping the edge of the witness box and shaking visibly. "Well, you can go to hell, sir, because it didn't happen that way and there are no salacious details for public consumption."
Admiral T'Sora's shoulders jerked slightly and she looked at Janeway with disapproval. "Captain Janeway -"
But Janeway didn't seem to hear her. Her eyes never left Blue, and her icy anger turned red hot. "Take me down for what I did, Mister, because God knows I made plenty of mistakes, but not this. Not this. I was alone out there. Do you know what that means?" She turned toward the panel and locked eyes with Aaron Cole. "Do you have any idea? The prospect of no orders, no maintenance and no back up for seventy-five years, or so I thought. I was lucky – Starfleet was lucky – that I had an officer of his integrity and ability with me and this attempt to discredit me by demeaning him and our relationship is beneath contempt."
T'Sora banged the gavel. "Captain Janeway, you will control yourself."
She turned to the judge, looking almost surprised. "I – I'm sorry. I apologize, Your Honor. This is very difficult. It feels as if Captain Blue is trying to look into my bed as well as my mind, and I have never been comfortable with voyeurism."
Captain Blue glanced at the panel. Cole and Franklin were frowning, deep in thought. Picard had folded his arms with an expression of disgust on his face. Jellico was unreadable, but Despatie was smiling grimly and nodding as if in agreement.
He turned away, and took half a step toward the prosecution table, as if he were planning to sit. Halfway there he froze, as his eyes fell upon Admiral Necheyev in the gallery. She stared at him pointedly, her arms folded across her chest.
Taking a short breath, Blue faced Janeway again. "It is your testimony, then, that the relationship with Chakotay was not sexual?"
Phillipa Louvois jumped to her feet. "Objection, Your Honor. Surely now this question has been explored in exquisite and embarrassing detail. The Prosecution is badgering the witness."
Blue's jaw clenched. "I simply want to be clear."
"You said that ten minutes ago, sir. How much sexual clarity do you crave?"
"I believe this witness has been bluntly clear," Admiral T'Sora said. Her voice was pickled with distaste for the emotional scene that had erupted. "The witness has testified that her relationship with Chakotay was one of friendship, and there has been no ARA alert to suggest otherwise. The objection is sustained. Move on, sir."
"But Your Honor – "
"Move on, Captain."
"Computer, freeze image." Jake stared at the dark screen for three full seconds before he started to laugh.
Fifty years ago, he had left that courtroom and reported that Kathryn Janeway, under oath and subject to the ARA, denied having a sexual relationship with Chakotay. For fifty years, he had read the transcripts and reinforced that perception. For fifty years he and everyone else had believed that.
But now, he realized, she had done no such thing. Like everyone in the courtroom, including Admiral T'Sora, he had come away from that exchange with the impression that she had been vehement in her denial, in part because she had been so uncharacteristically angry. Most analysts, himself included, interpreted that anger as righteous indignation at the suggestion that she would have breached protocol in such a way. Green used it to demonstrate his theory that she was repressed, and offended by the very notion of sex.
But, Jake thought, what if that anger had been deliberate? What if it was a strategy for dealing with the issue? Janeway had spent several weeks in consultation with Deanna Troi. Who better than a Betazoid counselor to coach her on the art of generating emotional responses?
She had been intentionally crude and vulgar in front of a Vulcan judge. Any member of that courteous and circumspect race would have been inclined to avoid any further outbursts of such nature. Who better than Tuvok, Janeway's trusted friend, to coach her on Vulcan sensibilities?
She had never lied. Jake looked at her words again, and realized that she had not lied. She had simply redefined the questions, and then answered them truthfully. In fact, he realized as he looked over the transcript again, she might even have admitted it in one exchange. Who better than one of the top JAG litigators to coach her on the precision of words and splitting hairs?
For fifty years, he had been mistaken. Kathryn Janeway had not lied. She had told the truth, but she had told it in such a way that no further questions would be asked.
"End program." Jake began to organize his materials again, going over the rest of the trial in his mind. Louvois had rested her case after Janeway's testimony, and the panel had deliberated less then two days. Picard, the president of the panel, had solemnly read the verdict of "not guilty" to each and every charge. From the faces of the panelists, it was easy to tell the Jellico had been the lone vote against her. As the presiding judge over the trial, Admiral T'Sora had the last word.
"Captain Janeway, you are free to go. As you leave, please accept the profound respect of this Court. Your experiences and actions in the Delta quadrant deserve a place among the shining legends of Starfleet. It is to our shame that that we might have tarnished that legend with these proceedings. In the opinion of this court, you and your crew – every member of your crew – conducted themselves in accordance with the finest traditions of the Service. My hope is that each of them will be recognized for their contributions. My expectation is that this experience has served as a reminder to all of us of the fundamental purpose and mission of Starfleet – to boldly go where none have gone before. My recommendation, which will be forwarded to Starfleet High Command immediately after these proceedings, is that you receive the Medal of Valor for your actions. Thank you, Captain, for a job well done."
Apart from the hugs and exuberant relief of family, friends and crew, there was no celebration of the verdict. Janeway wouldn't permit it; too many of her crew were still in custody, waiting for their own trial. She left the courtroom in the company of her family, her face grim despite the victory of the day. As she walked out, she had caught the eye of Alynna Necheyev. Neither officer flinched, and neither looked conciliatory.
Jake turned again to his interview with Phillipa Louvois the day after the verdict, wondering if he had missed a clue about his new conclusions. During her career, she had respected as an exceptional but by-the-book litigator. She was never known for elaborate stratagems or clever ploys. The Janeway trial apparently had some personal resonance for her, though; at that time she was disillusioned with Starfleet, and believed that the ideals she had worked so long to support had been undermined by 'fleet leadership. Had she planned this strategy?
"The pivotal issue in the trial seemed to be Captain Janeway's relationship with her first officer," Jake began.
"Yes. Isn't that a sad commentary? I find it hard to believe we have degenerated to such a prurient society." Captain Louvois lifted her water glass and took a sip.
"Are you convinced that the relationship was nothing more than friendship?"
She looked at him, her blue eyes opened wide. "Look at the testimony, Mr. Sisko. She answered the questions. She passed the ARA. What more do you need?" Then the corners of her mouth curved ever so slightly.
What, indeed? Jake asked himself.
Now that he had resolved the mystery of Janeway's testimony, at least in his own mind, he felt ready to organize his notes on the Maquis trial. In some ways, it was even more dramatic than the court-martial. The question in Jake's mind was the degree to which Janeway contributed to that drama.
How much had she risked for Chakotay?
-To Be Continued-