(By Penny A. Proctor.  See Chapter 1 for disclaimers)

Chapter 5: Part of All That I Have Met

Once the Janeway court martial was concluded, attention turned to the civil trial of Chakotay, Torres and the rest of his former crew. Where the court-martial had been comparatively sedate, clothed in the dignity and protocol of Starfleet, the Maquis trial had become the most controversial issue of the day. Jake pulled up his padd with the print media coverage of the time.

 

Editorial from The Times (Earth Edition), February 13, 2380, page A-15:

The adventures of the USS Voyager in the Delta quadrant are indeed remarkable and no one at this institution has any wish to denigrate those accomplishments in any way. What is being lost in the rapturous rhetoric, though, is that Voyager would never have been in the Delta quadrant in the first place had it not been on a mission to capture criminals. Criminals. As harsh as the word may seem, it is the accurate description of Chakotay and the members of his crew. We cannot and must not overlook the fact that they intentionally and willfully joined forces for the purpose of subverting Federation laws and Federation goals and objectives. It does not matter that the Treaty of 2370 was later repudiated; at the time, it was the law of the land and as such deserved respect and compliance.

Only history can be the judge of the moral correctness of laws. If we allow individuals to pick and choose which laws they will follow based on their own view of morality, chaos and anarchy will result. The law must be obeyed, and when it is not, it must be enforced.

It is never easy to condemn individuals who are in many ways admirable. It is even harder when their actions were based on a code of honor that, if not shared by all is at least understood by all. But peace and freedom do not come easily. They must be protected. They must be protected as diligently in times of peace as in times of war.

The Maquis flouted the laws of the Federation and waged guerilla warfare against it. This must be punished, and punished severely, if for no other reason than to send the message to others who may contemplate such action: we will not tolerate it. We will not forgive, we cannot forget. The protection of freedom demands no less.

 

Editorial from The Journal (Earth Edition). February 14, 2380, p. A-10:

Exactly who was hurt by the actions of Chakotay and the Maquis? Certainly the Cardassian Union was injured. Its property was destroyed, its citizens killed and injured. Is there anyone willing to stand up and say that the Federation has an obligation to redress that injury? Is there anyone who will disagree that the Maquis were in fact right when they claimed the Cardassians were not to be trusted?

Was the Federation injured by the Maquis? To an extent, yes. The greatest damage inflicted though, was not in the loss of life or destruction of property, but to the collective pride of our leadership. The High Council was shamed by a treaty that traded the lives of citizens for appeasement, and Starfleet was embarrassed by freedom fighters who consistently eluded capture. What should the punishment be for bruised pride?

There are those who claim this issue is about the sanctity of the law. It is not. Those who seek punishment of Chakotay and his crew are interested only in retribution. There is no other explanation for it. The Maquis are a reminder of a chapter in our history we would prefer to forget and the best way to do that is to condemn them and sweep them out of sight.

The Treaty of 2370 was a mistake. With the clarity of hindsight, the entire Federation now knows that it was a monumental error. The Maquis knew it at the time, but unlike the rest of us, they had the courage to take action. It is time that we acknowledge that publicly and begin to heal the wounds that still fester within. It is time to put the past behind us and concentrate on building the future. Even if Chakotay and his crew are guilty of violations of the law, it is time to look at what is right.

We should all remember the words of a great statesman, born on this date five centuries ago: "With malice toward none, with charity toward all, let us strive to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations."

If we are going to salvage a future worthy of our ideals, then it is time for mercy. It is time to do what is right and honorable. It is time forgive.

 

Jake looked at the two editorials and shook his head at the memory. The early months of 2380 had been among the most volatile in the recent history of the Federation. The acquittal of Kathryn Janeway had polarized the political factions within the Federation. The tactics and moral grounding of the Federation First movement had been exposed, and virtually no one remained "undecided" in the polls; those who had been on the fence jumped one way or the other, so that while the ranks of avowed Firsters swelled, so did their opposition. Peaceful demonstrations were held outside the penal facility in Kansas where Chakotay and his crew were being held, on the steps of the High Court in Bern, in the lobby of the Federation Administration Building in Paris, and outside the entrance to Starfleet Headquarters in San Francisco. Violence broke out in pro-Maquis rallies held in Chicago and La Paz, resulting in the hospitalization of more than thirty and the arrest of forty-five. Although the situation was tense throughout the Federation, Earth – as the host of both Federation and Starfleet – was the hot spot, and the trial of Chakotay and his crew was the flash point.

Chakotay had refused his requests to be interviewed, as had B’Elanna Torres, but a year or two later, Miguel Ayala had agreed to speak with Jake about what that summer of confinement was like for the crew of the Liberty.

 

"It was pretty bad at first. Once they moved us to Leavenworth, we were pretty much cut off from everything on the outside. They didn’t allow us any visitors except our lawyers, and the warden read our letters to our families before they were sent. Every letter we received went through two or three readings before it was given to us. We weren’t physically abused but they made it as hard for us as possible. B’Elanna almost went crazy, separated from Tom and her baby."

Jake had heard rumors to that effect, but this was the first confirmation he had from any source. "Didn’t your lawyers object? That was a violation of the Treatment of Prisoners Act of 2310."

"Yeah, they objected. The warden made them file a formal complaint and while that was pending, they cut off our mail completely. It got better after Captain Janeway was acquitted. They let us have visitors after that, and stopped censoring our mail."

"According to the records I’ve seen, Captain Janeway was a regular visitor between her trial in December and yours in February."

Ayala smiled. "Yes, she came every week on visitors day. She was great. She made a point of talking to as many of us as possible, to let us know how many people were working for us. I think her visits were all that kept Chakotay going. He had a tough time being locked up like that."

"They were pretty close."

"I think I know where you’re heading, and I’m not going to touch it. Their relationship was their business, and as far as I know it was exactly what they said it was."

"Okay, okay. It’s just so … unexpected, you know? When they met, she was so ‘Fleet, and he was so …"

"Not ‘Fleet?" Ayala laughed. "Yeah, I know what you mean. But when they met, something clicked. They fit together. And wait – before you jump to conclusions, what I mean is they brought out the best in each other. They were better people together than they were apart."

Jake leaned back and looked at him speculatively. "Did Chakotay know about the surprise witnesses beforehand?"

"If he did, he sure didn’t say anything to us." Ayala paused, as if considering something. "I think the Captain told him what she had in mind, though. I remember, she came to visit a couple of weeks before the trial and they went off to a corner of the exercise park to talk privately. My son came that day, and we were having a sandwich about ten meters away. I wasn’t really paying any attention to them – when my boy was there, he was my universe – but all of a sudden Chakotay stood up and was yelling at her. This really grabbed my attention because I don’t think I had ever seen him lose his temper with her before, not ever."

"What did he say?"

"He said…he said, ‘Don’t do it, Kathryn. That’s not the way I want to win.’ Then she stood up and said something that I didn’t hear. Chakotay looked real unhappy and started to walk away from her. She said, ‘Don’t you understand? They’ve charged you with piracy against the Federation.’

" He stopped and turned around. ‘I’d have to have been in three places at the same time to do everything they say I did,’ he said to her. ‘That will come out at trial.’

"She glared at him – do you know the expression I mean? He was one of the few who could ever stand up to it. ‘And just how is that going to happen? The logs of the Liberty were destroyed in the Delta quadrant. It’s your word against their circumstantial evidence, and that won’t be enough.’

" ‘It will or it won’t, but we’ll leave it at that. I mean it, Kathryn. It’s the principle.’

" ‘Is it really principle, Chakotay, or is it pride?’ That stopped him. He couldn’t answer her, and he just glared back. After a moment she smiled at him, that kind of half-smile she has, and I knew he wasn’t angry any more. He never could stay angry with her.

"He said, ‘There is a certain poetic justice to it. You’re going to have to deal with B’Elanna. I’m not going to tell her about it.’ She said, ‘What the hell, it probably won’t work anyway.’ Then he hugged her, and they sat down again."

 

There were more notes, but that was what Jake had been looking for.

Green and others contended that once her own trial was over, Kathryn Janeway offered only token support to the other members of her crew still facing legal difficulties. They pointed to apparent lack of involvement in their defense; she was not even called as a witness on their behalf. The entire case rested on two witnesses whose appearance was entirely serendipitous – or so they claimed.

Jake disagreed. Janeway had known, he was sure of it. She had to have known who the first key witness would be. He remembered the look of satisfaction on her face when the first as the prosecutor turned red with surprise as the first vital witness was called to the stand. There was no surprise in her expression at all; in fact, she had seemed almost smug.

The trial had begun in mid-February, held in the Great Hall of the Federation High Court in Bern. Although the defendants had been offered the opportunity for individual trials, they insisted on one. "We'll hang together," B'Elanna Torres was quoted after the arraignment, to which the prosecutor, a native of Alpha Centauri named Colley Elk, replied, "We haven't asked for capital punishment yet, but if Ms. Torres insists, I'm sure it can be arranged."

Elk was not an enthusiastic supporter of the Federation First movement, but his brother had been a Starfleet officer killed by the Klingons at Ajilon Prime in the first phase of the Dominion War. Like many others, Elk blamed the Maquis for provoking the Klingons into hostilities and hence blamed them for his brother's death. He approached this prosecution with the fervor of a zealot.

The lead defense counsel was Warren Ntomo, possibly the most recognizable litigator on Earth. A former member of the Federation High Council, his rich bass voice had been a staple of news reports for twenty years. He had volunteered his services as defense counsel, stating that if ever he had seen a miscarriage of justice in the making, this was it.

As with the Janeway court martial, Jake was in the press gallery for FNS. The view was every bit as sweeping as at the Starfleet administration building. Every day, the twenty-eight defendants filed in and took seats at the large table brought in especially for the occasion. Chakotay always sat closest to Ntomo, with Torres immediately to his left. Every day, Janeway, Tuvok and Kim sat in the row immediately behind them, flanked by other members of the voyager crew.

Mr. Elk presented the prosecution’s case with obvious relish. Chakotay and the crew of the Liberty were charged with six different attacks against Federation property in a two-year period, some of them called "piracy" and some called "acts of terrorism" and some simply designated as theft. The evidence was largely circumstantial, as no one could positively identify the specific Maquis ship involved and not a single witness was able to link Chakotay to any of the allegations. By the time prosecution rested, though, witness after witness had testified to the acts of the Maquis and the fear, injury and damage they inflicted.

The mood in the courtroom became ugly as people remembered the ultimate outcome of the Maquis provocations – the outbreak of hostilities with the Klingons and the bloody first phase of the Dominion War. There were no other Maquis left to punish; those who survived the Cardassians were already in prison, following a barely noticed trial in the midst of the War. The crew of the Liberty was the only whipping boy remaining.

Through it all, Chakotay sat quietly, and his crew followed his example. They appeared resigned to accepting their role as representatives of the Maquis rather than unique individuals on trial.

The first witness Ntomo called was Tuvok. He led him through his tenure as a spy within Chakotay’s cell, and established that while Tuvok was on board, all attacks had been against Cardassian, not Federation, targets. Elk did his best to undermine that testimony

 

Mr. Elk:

The events on the Liberty occurred a long time ago, and you have been through a great deal since then. It is a lot to remember.

Tuvok:

I have an excellent memory. In addition, I made contemporaneous logs that were intended for Starfleet Intelligence.

Mr. Elk:

Yes. You submitted those logs upon your return to the Alpha quadrant, did you not?

Tuvok:

The logs were submitted about a year prior to our return, once periodic communication with Starfleet had been established.

Mr. Elk:

My apologies. So you had been in the Delta quadrant about six years before those logs were submitted.

Tuvok:

That is correct.

Mr. Elk:

Lt. Commander, do you consider Chakotay to be your friend?

Tuvok:

Over time, we developed mutual respect for one another, both as professionals and as individuals. As shipmates who experienced the privations of the Delta quadrant, we share a unique bond. However, we have never been confidantes. I consider the Commander to be my friend; I do not know if he would feel the same.

Mr. Elk:

As his friend, what do you hope the outcome of this trial will be? Do you wish to see him acquitted?

Tuvok:

Since I do not believe he committed the crimes of which he is accused, I believe that acquittal would be appropriate.

Mr. Elk:

Given that bias, is it possible that your memory of events on the Liberty has influenced your desire to see your friend acquitted?

Tuvok:

There are several fallacies with that statement. First, it ascribes a human reaction to me. I am not human, sir, I am Vulcan, and as a Vulcan, I do not permit emotions to color my perception of events. Second, it overlooks the fact that the target of an attack is not open to subjective interpretation; it either was or was not a Cardassian target. To insinuate that I would change this key data in an official report borders on slander.

Mr. Elk:

Again, my apologies. To your knowledge, Lt. Commander, are there any records that would corroborate your reports? Any ship’s logs?

Tuvok:

The Liberty was destroyed when Commander Chakotay sacrificed it to save Voyager. To my knowledge, the logs were destroyed with the ship.

 

Everyone expected that Chakotay or one of the other defendants would be called next, but that was the first surprise. Jake reached for the FNS footage of the trial, wanting to see people’s reactions one more time.

 

Ntomo rose, and spoke in his deepest voice, his most formal tones. "May it please the Court, I call to the stand the Honorable Riga Darket, Ambassador of the Cardassian Union to the United Federation of Planets."

The reaction of spectators in the room was so loud that Judge Hue was compelled to pound his gavel repeatedly, calling for order. Colley Elk was on his feet, trying to voice an objection above the noise. "Your Honor, the prosecution objects," he was finally heard. "The defense gave us no notice of this witness."

"To the contrary," Ntomo said. "If you will refer to our pre-trial disclosures, we stated that we would introduce logs from the Liberty. That is the purpose of this witness."

"The logs of the Liberty were destroyed," Elk snapped.

"It is true, the originals were destroyed with the ship in the battle against the Kazon." Ntomo smiled. "We located copies."

"From Starfleet Intelligence, which have already been presented."

"We discovered another, more complete source, your honor."

"Which the prosecution has not reviewed." Elk looked indignant.

"You made an assumption, Mr. Elk, and it was incorrect. That is not the defendant’s fault. Objection overruled." Judge Hue indicated the witness stand. "Please be seated, Mr. Ambassador."

Darket, relatively short for a Cardassian, sat easily on the chair. His expression was carefully neutral. Ntomo went through the formalities of identification and background, then turned to the matter at hand. "Mr. Ambassador, are you aware that an agent of the Obsidian Order infiltrated the defendant’s Maquis cell?

"Yes. It was Glinn Seska Meyl."

"And how is it that you have this knowledge?"

Darket looked at him evenly. "Until Legate Damar abrogated the treaty with the Dominion, I was a supervisor within the Obisidian Order. I helped train Seska and I was her contact during her assignment in the demilitarized zone."

The court began to buzz again, and Hue banged the gavel a few more times. Even though Cardassia maintained a minimal presence in the Federation, the news that its ambassador was a member of the Obsidian Order would not be well received.

Ntomo seemed unperturbed by the commotion. "What kind of reports did you receive from Seska while she was on this assignment?"

"Because of the nature of the assignment, she could not report on a regular schedule. However, when she did, her reports were always most thorough." Darket looked wistful. "She was one of our young stars."

"Did she ever report participation in an attack on a Federation or Starfleet target?"

"No. She stated that Chakotay refused to consider any primary target that wasn’t Cardassian. Part of her assignment was to persuade him to do so, so that Starfleet might step up its efforts to stop the Maquis." He glanced at Chakotay, who was very still and focused on something very far away. "We received her last report two days before the Liberty disappeared. She included a complete copy of the ship’s logs for the prior 18 months."

Ntomo returned to the defense table and raised a data crystal. "Is this that report?"

"It is."

"According to this, did the Liberty participate in the attack on Starbase 167?"

"No."

"Did it participate in the diversion that permitted weapons to be smuggled off Deep Space Nine?"

"No."

"Did it participate in overt or covert action directed against a Federation target?"

"No."

 

Darket's testimony had been electrifying, and the effect was visible on the faces of the jurors. For the first time, they began to look at Chakotay and the others with thoughtful speculation rather than hostility. From her seat in the row immediately behind the defense table, Janeway had scanned each of their faces and smiled a small, secretive smile.

No one noticed it but Jake. It was that smile that had convinced him that she was perhaps the only person in the courtroom other than Warren Ntomo who expected Darket to testify. And it was that thought that planted the first seeds of doubt in his mind about her relationship with Chakotay. Up to that point, he had believed her when she said they were just friends. That smile was not merely smug, it was almost proprietary.

He ran a hand over his carefully shaved head and stared at the FNS vid record. He could watch the rest of Darket's testimony for the nine thousand and ninety-ninth time, or … he could take a shower. He opted for the shower.

His neck and shoulders had finally relaxed under the spray of the hot water when it hit. Elim Garek, Chief Legate of Cardassia, had ordered his ambassador to testify at the Maquis trial. Why? What had prompted Garek to insert Cardassia in a Federation matter at a point in time when Cardassia was the poor relative of the quadrant?

If any would know, Julian Bashir would. But Julian was on the USS Telemachus, somewhere near the Tholian border, and couldn't be reached for non-military or family matters. Then he remembered. Dax. If Julian knew, Dax would know. Ezri and Julian had still been together then. He turned off the water, and without bothering to dry himself off, slipped on a thick terry robe and ran to his comm unit. It took less than a minute to enter the code for Deep Space Eleven.

In a moment, the screen switched to the message "Audio Only" and he heard the sleepy voice of Ezri Dax. "Yes? Who is it? Jake, is that you?" The "Audio" message was immediately replaced by Ezri’s face, her sleep-heavy eyes lit with concern and a bathrobe clutched up to her neck. "What is it? Is something wrong?"

"No, no – I just forgot about the time difference. I’m sorry, Ezri – I’ll call back in the morning."

She waved a hand. "S’okay. I have to be up in an hour anyway, and it’s going to be a crowded day. What’s up?"

"I’m still working on the book." He didn’t have to tell Ezri which book; he had bent her ear about this project many times over the years. "There’s some missing pieces about the Maquis trial, and it I wondered if you might know something about it. Especially how Garak got involved."

She looked back at him quizzically. "I wondered if you’d ever ask me that, and I wondered what I’d do if you did."

Surprised, he perked up. "You do know something, don’t you?"

"Well, of course I do, Jake. Julian and I were on Cardassia Prime at the time. The thing is, Kathryn Janeway asked us not to discuss her involvement in it." She considered for a moment, and then shrugged. "She’s not going to object now, is she? Let me get a cup of tea, and we’ll talk. It’s actually kind of interesting."

She disappeared for a second, and Jake reached for a clean notepadd. All these years, he thought, Ezri would have told me if I asked. He felt a little foolish about it.

Then she came back into view, and somehow in those few seconds she had brushed her silver-streaked hair and freshened up. "Well, she said, "Why don’t I just begin at the beginning? Julian and I were on Cardassia Prime as part of the humanitarian aid team. I don’t remember if you went to Cardassia in the years immediately after the War, but it was heart breaking, Jake. Just heart breaking. The Dominion laid waste to just about everything after Damar broke the alliance. When coriogenic fever broke out, it became a full scale epidemic and spread to the colonies. Julian and I went with the first team and he worked tirelessly."

Her eyes seemed to focus on the past. "We’d been there almost a year when Miles O’Brien got a message to Julian. He asked Julian to arrange a meeting between Garak and some Starfleet officers who were en route from Deep Space Nine. It was all very mysterious." She smiled. "Julian loved it."

 

The meeting was to take place in the apartment Julian and Ezri shared on the outskirts of the city. During the final days of the war, it had withstood the vengeance of the Founders and the attacks of the Federation with only the loss of a roof and some cosmetic damage, so it was considered one of the finest buildings left standing. Many of the humanitarian aid team had been housed there.

Garak arrived on time, wearing a gray cloak with a hood that concealed his face in the dimly lit streets. As Julian let him in, he tossed it back. "I must say, Julian, you captured my interest. I thought our cloak-and-dagger days were behind us."

"So did I," Julian said, "but Miles made this sound very important. I suspect it has something to do with the Federation First movement back home."

Garak’s mouth curled in contempt as he accepted a glass of water from Ezri. "Ah, yes. The euphemism for isolationism. It worries me, Julian. As a Cardassian, it galls me that we need the help of the Federation to rebuild. But as the Chief Legate, I know that without that help, it will take centuries for us to regain even a little of what we’ve lost. We need the Federation."

Julian nodded, but before he could speak the door chime sounded. "Here we go," he said, and opened the door.

Three people walked in, all appearing travel-weary and none wearing Starfleet uniforms: an older man, a woman with auburn hair, and a dark-skinned man with artificial eyes. It was the latter who stepped forward. "Dr. Bashir? I’m Geordie LaForge. I served on the Enterprise with Miles O’Brien. This is Owen Paris and –"

"Kathryn Janeway," Garak said, stepping forward.

Ezri looked at the woman with renewed interest. The news from Earth was infrequent and sparse on Cardassia, but she had heard of the Captain of Voyager and her court-martial. From the descriptions, Ezri had expected an amazon of a woman, but this person was only slightly taller than Ezri herself, and petite in build. She was looking at Garak with curiosity, touched with concern. "Have we met?"

"Briefly. You visited my tailor shop on Deep Space Nine when Voyager was docked there."

Recollection showed on her face. "The tailor shop. Yes, I remember. I bought a white suit." Her face relaxed into an easy smile. "It was the only clothing I had in the Delta quadrant other than my uniform for quite a while."

At that point, Garak assumed control of the occasion, as if he were the host rather than Julian. Ezri glanced at her lover, and he shrugged. In a way, Garak was their host since he was the Chief Legate of Cardassia; he was certainly the reason these people had come all this way. He introduced Julian and Ezri almost as an afterthought, then added, "I hope you will tell us of some of your adventures, Captain Janeway. The rumors have been fascinating."

"I hope we have time, Legate, but we’ve come on a matter of some urgency." Although she was not an empath, Ezri was skilled at interpreting body language. Captain Janeway was tense, and focused on her purpose.

Garak nodded. "Of course. Then let me say that I am pleased to welcome you to Cardassia, Captain, Admiral Paris. I know that you … enjoyed our hospitality once before. I hope this visit means that you have put the past behind you."

The two exchanged a glance, and Ezri could guess its meaning. She had seen such glances among Starfleet officers who had been Cardassian prisoners. That explained a good deal of the tension, she thought.

Admiral Paris cleared his throat, looking uncomfortable. "Yes. The fact is, Legate, we’ve come to ask a favor."

"A favor? Forgive me, Admiral, if I find that humorous. If you’d arrived during the day, you would see how little wherewithal Cardassia has to provide favors these days."

"You have the records of the Obsidian Order." Janeway spoke bluntly, not even attempting diplomatic tact.

He looked at her sharply. "Go on."

"The Obsidian Order placed a spy in a Maquis cell run by my first officer, Chakotay. Her name was Seska." She looked as if the very name left a vile taste in her mouth. "While we were in the Delta quadrant, she proved to be very thorough and very resourceful. I’m hoping that she was just the same in the Alpha quadrant."

"Why?"

"Chakotay and the others from his Maquis cell are about to go on trial. The prosecution claims they conducted several raids against Federation targets, which Chakotay denies. Unfortunately, the logs of his ship were destroyed in the Delta quadrant, and Starfleet Intelligence has data from only a brief period of time. Seska was with his cell from the beginning; she may have provided information to her superiors that would corroborate Chakotay’s statement."

Garak looked at her with disbelief. "You want to use records of the Obsidian Order to clear a former Maquis terrorist?"

"Yes."

He laughed, not the cynical chuckle that Ezri was accustomed to hearing from him, but a full and genuine laugh. "What marvelous irony. Captain, I like the way you think. Julian, is that screen linked to the Main Net?"

Julian looked a little sheepish; the Federation had agreed that it would not connect its computers to the Cardassian Main Net because of security concerns. "Ahh, as a matter of fact, it is."

"I knew I could count on you." Garak went over and began entering commands. "One of the nice things about being Chief Legate is that I have all the codes. It’s much faster than all the back doors I had to use before. Ah. Here we are. Yes, Seska was very thorough." He looked up. "I’m curious. Did she make it back with you? I haven’t seen any mention of her in the reports."

"No." She paused, seeming to consider her next words. Then she looked at him with an almost challenging expression. "Seska stole key technology, defected to our first enemy, stole DNA from Chakotay to impregnate herself, subverted a crewmember and assisted in the boarding and capture of my ship. She was killed when we took it back."

"Ah. An able representative of the Obsidian Order. Although impregnation isn’t in any of the training manuals." Whether Garak was being sarcastic or not was impossible to say. He swiveled the monitor around. "Here. Would you like to take a look?"

Janeway, Paris and LaForge crowded with Julian and Ezri to look at the screen. The index showed more than two dozen files, each a separate report submitted by Seska about the Maquis and particularly about the Liberty. A slow smile spread over Janeway’s face. "May I review these?"

"Be my guest." Garak looked up. "While she’s working, Julian, didn’t you say something about dinner? Perhaps Admiral Paris and Commander LaForge can fill us in on events back in the mainstream."

Over the rather spare meal, the four of them talked about many things. "I’m surprised that Starfleet Command authorized this visit," Julian commented. "I thought that only medical teams were being allowed."

"Ah. Well, you see," LaForge began, then stopped.

"We have no authorization," Paris said bluntly. "If we’re caught, there will be consequences."

"But –" Ezri was shocked. "How did you get past the blockade without authorization?"

LaForge shrugged. "It's probably better if you don't know the details."

"Even so," Julian continued, "Violation of the Interdiction Order is a crime. If you are caught, it means the end of your careers and maybe time in prison."

Admiral Paris looked at him evenly. "Some things are worth the risk, Doctor."

"I can understand why Captain Janeway is here," Ezri said, feeling rather stunned. "The Maquis were her crew. But what about the two of you?"

After a slight hesitation, Paris responded. "It’s about family. I don’t want my daughter-in-law in prison for something she didn’t do."

"Frankly, it wouldn’t matter to me if they were guilty of everything they're charged with," LaForge said. "It’s over. Most of the Maquis are dead. The ones that were on Voyager went through seven years of exile. That’s punishment enough."

Garak shook his head and smiled. "I had no idea there were so many independent thinkers in Starfleet. It gives me hope for the future."

Julian looked at the Admiral. "If these records are useful to you, how do you plan to get them into evidence? Don’t you need someone to authenticate them?"

Paris nodded. "Yes, but we’ll find a way."

A gleam of satisfaction suddenly glowed in Garak's eyes. "I may be able to help you there. I’ve been looking for a reason to recall Ambassador Darket. He's not as useful on Earth as I expected him to be. This should do quite nicely. Once he admits he was a supervisor in the Obsidian Order, I’ll have to bring him home, with proper expressions of embarrassment and surprise, of course."

Janeway called from the console, "This is better than we hoped for, Owen. Seska provided details on every mission of the Liberty, and every single one of them was against a Cardassian target."

"How fortunate." Garak spoke dryly, but joined the others as they again crowded around the monitor to look at the records.

"Man, look at that," LaForge said. "I’m glad she wasn’t keeping tabs on me."

"She was very good." Janeway’s face hardened slightly. "Look at this. She even managed to get an image of Chakotay’s coordinator in the Maquis." She scrolled through the file and produced a picture, taken at a distance of about five meters, of a silver-haired man with a dark mustache. "Chakotay told me his name was Prescott. I imagine he’s dead now."

"Nope."

Everyone turned to look at LaForge in surprise. The man looked bemused. "What do you mean?" Julian asked.

"I mean, he's not dead and his name isn’t Prescott. He’s on the Timor Colony with the Bajoran settlement there."

 

Jake began to laugh. "Thank you, Ezri. Thank you. That’s perfect."

"I’m glad you think so. You realize that I have no idea why."

"It’s one of the missing pieces. The rest of the trial makes sense now."

She smiled at him fondly. "Right. I’ll read the book. Hey – what are you doing in June?"

"I don’t know. What am I doing in June?"

"Coming to my wedding, I hope. Julian is taking a permanent assignment at HQ, and this time we’re really going to do it."

He snorted. "How many times have I heard that? You two have been off and on and off again for fifty years. You’ve cancelled at least three weddings that I know of. Why do you think this time is going to be any different?"

"Because it is. Unless you're making a better offer. It's not too late, you know."

"You have a wedding, I’ll come. Love you, Ezri."

"You, too." She was smiling as the screen went dark.

After that, it took a moment for Jake to get his mind focused on his subject. The meeting Ezri described meshed with Ayala’s recollection that the Captain missed visitor’s day the week before the trial began, and she had proposed something that Chakotay found distasteful. Knowing what he did of Chakotay, using Seska’s records to clear himself would have been hard to accept.

So, Kathryn Janeway had defied Starfleet and secretly traveled to Cardassia to obtain the data that Darket presented at trial – and on the way, found the second surprise witness of the case. He would love to discover how she had accomplished it, but once again he suspected the Enterprise connection. Geordie LaForge was a more than competent pilot; he had connections to Miles O'Brien, who had connections at Deep Space Nine, the last Federation post before Cardassia… somehow, Janeway had been able to take advantage of all that. She had returned in time for the opening statements, and spent the entire trial sitting in the front row of the spectator seats, directly behind Chakotay.

After Darket, Ntomo called Chakotay to testify. On direct examination, he acknowledged being a member of the Maquis and explained his reasons for joining. As he described the utter destruction of his planet, family and tribe, even Elk had to lower his head to conceal his reaction.

 

Mr. Ntomo:

While with the Maquis, did you ever lead, conduct or participate in a raid, attack or maneuver against a Federation or Starfleet target?

Chakotay:

No. I had an understanding with my cell’s coordinator – I would take only assignments against Cardassian targets. I wanted revenge against the Cardassians, and I still had too many friends in Starfleet.

 

Elk did not directly attack this testimony, but he did elicit an admission that Chakotay harbored bitterness against the Federation for the Treaty of 2370 and some bitterness for the treatment of Voyager’s crew upon their return to the Alpha quadrant.

The court recessed for the day after Chakotay’s testimony, as it was expected the defense would rest its case and closing arguments begin in the morning. The next day, though, it was immediately evident to Jake that something had happened. The judge and the attorneys were in chambers for almost half an hour beyond the time set for resuming the trial, and when they returned, Elk looked as if he had just swallowed a Tarkellian eel and it was still moving in his stomach.

 

"Ladies and gentlemen of the jury," Judge Hue said, "last night I was contacted by an individual who stated he had information that was vital to the cause of justice in this case. Mr. Elk, Mr. Ntomo and I met with him in my chambers and determined that he is indeed who he claims to be and he does have relevant testimony to offer. Ordinarily, a surprise witness would not be permitted at this stage of the trial, but in the interest of justice I am allowing it. He is appearing as a witness for the defense. Mr. Ntomo, please proceed."

Ntomo rose, looking as if he couldn’t believe what he was about to say. "The defense calls Montgomery Scott to the stand."

Many of the civilians in the room looked puzzled, but those in Starfleet uniforms clearly recognized the name. From the last row of the gallery, a man seated between Admiral Owen Paris and Lt. Commander Geordie LaForge rose. He wore the comfortable clothing of a Bajoran villager, but he was clearly human. His white hair and portly figure attested to his age, but his eyes were sharp and clear as he took the stand. As he settled himself, he caught the eye of a stunned Chakotay, and winked at him.

"Would you tell us your name, sir?" Ntomo asked.

"My name is Montgomery Scott, but there are many who also know me by the name of Prescott."

"And your age?"

"Ah, laddie, that’s a bit complicated. You see, I was born in 2222, but I was trapped in a transporter buffer for 75 years. So if you look at the calendar, I’m 158, but physiologically I’m only 82."

"Did you ever serve in Starfleet, sir?"

"For more than fifty years. My last assignment was as an instructor at Starfleet Academy, but I spent most of my career as the chief engineer of the USS Enterprise and USS Enterprise-A."

"Would you explain the part about the transporter buffer?"

"Certainly. I retired from Starfleet in 2294 and was in the process of relocating to the Norpin colony when our ship crashed into a Dyson sphere. I processed myself into the transporter buffer, thinking that help would arrive within a few days. Instead, it was 75 years before the USS Enterprise-D found me.."

"Where did you go when you left the Enterprise-D?"

He settled back, folding his hands on his belly. "I went exploring. The quadrant had changed a lot in 75 years. Eventually I wound up on Materan."

"The Bajoran Resettlement Colony?"

"That’s right. The only equipment they had was as old as me, and they were desperate for anyone who could maintain it – a handyman, if you will. They took me in, and I became part of the family, so to speak."

"Materan was one of the worlds ceded back to the Cardassians in the Treaty of 2370, is that correct."

"Aye, and shamefully so. Bajor wasn’t prepared to receive all of its expatriates back in one fell swoop, but we were given the choice of remaining on Materan and accepting Cardassian rule or returning to Bajor and living hand to mouth for years." His face saddened at the memory. "We went to Bajor, even though the refugee camps were even worse than the resettlement colony."

"Can you tell us when, and why, you changed your name?"

"I was one of the group that started the Maquis, laddie. It seemed to best to use a name less likely to be recognized."

This time, the silence in the court was so absolute that the buzzing of a single fly could be heard.

Ntomo's voice rumbled through the silence like an earthquake. "You were a founder of the Maquis? You, with your long, even legendary record of service?"

Scott grinned at him, looking like a fond grandfather with a small child. "Look again at that record. I spent most of my career under the command of James T. Kirk, still the finest captain ever to wear the uniform if you ask me. There’s one thing I learned from him – given the choice of doing the easy thing, or what you’ve been told, or doing what is right, always do what is right. It’s the only way to face yourself at the end of the day."

Ntomo nodded. "And what was your role with the Maquis?"

"Planetbound, I’m sorry to say. Look at me, I’m too old and too fat to be a freedom fighter. I was a control, laddie. Six cell leaders took their assignments from me. Chakotay there was one of them."

He smiled then, and Chakotay finally relaxed enough to return the expression. He looked a little rueful, as if he still couldn’t believe what he was hearing.

"Did you ever give Chakotay an assignment that would have required an attack upon a Federation or Starfleet target?"

He shook his head. "No. We had a talk up front, he and I. He told me that he had resigned from Starfleet but he still had too many friends there to go up against them. ‘Give me Cardassian targets,’ he said, and so I did. I understood his reasons."

"Do you have a record of the assignments given to Chakotay’s cell?"

"I do." He reached into a pocket and pulled out a datachip. "It’s old technology – all that we had in the refugee camps, but you should be able to convert it. You’ll find it all there."

"Thank you, Mr. Scott. The defense would like to enter this as Exhibit 8. Tell me, sir, what brings you forward now? You are risking prosecution yourself by doing so."

"True enough. I should have come forward years ago, when the others were sent to prison, but I told myself I was an old man, and entitled to die in peace. I left Bajor for the Timor colony after the Maquis were massacred, and we don’t get much news there. I only learned of this trial last week, and came here as quickly as I could. You see, I’d almost forgotten the other part of what I learned from Kirk. Do what you believe is right, then stand up and admit it and take what comes. If Chakotay and the others are to be punished, I should be right there with them." He smiled serenely, plainly content with his decision.

"Thank you, Mr. Scott. I have no further questions."

"Mr. Elk?"

Elk gave Scott a long, considering look, then shook his head. "No. No questions, your honor."

 

Excerpt from the first draft of "Heroic Hearts: A Biography of Kathryn Janeway " by Jake Sisko:

The jury deliberated for two days, then returned with its verdict. When Judge Hue instructed the defendants to rise, not only did the twenty-eight defendants stand, but so did every member of the crew of Voyager in the gallery. Hue scowled at them all as they stood at formal attention, then shrugged. There may have been a gleam of respect in the judge’s eyes for the message conveyed so effectively. Kathryn Janeway and her crew stood together, even now.

The room remained silent as the foreman responded "not guilty" to each of the charges against each of the defendants, but with each utterance the tension in the room seemed to increase. Chakotay visibly stiffened, and the expression on his face indicated that he did not quite believe his ears. Colley Elk stood motionless, his face paling to white, with a blotch of pink on each cheek.

When the long recitation was finished at last, the jury foreman relaxed into a grin, and Judge Hue actually smiled back. "Thank you, ladies and gentlemen of the jury, for the thoughtful discharge of your duties. The defendants are free to go. This court is adjourned."

And then someone in the courtroom – perhaps Harry Kim, perhaps Joe Carey – let out a whoop, and then the pandemonium began. The defendants hugged one another, the spectators hugged one another. Tom Paris, newly released from New Zealand, first hugged his father, then vaulted over the gate and grabbed his wife.

Chakotay shook Ntomo’s hand, clasping his arm. Then he was surrounded by well wishers – crew, strangers, even members of the jury. Finally he found himself shaking the hand of Montgomery Scott. "Well, lad," the older man said, "it’s good to see you."

"Thank you," Chakotay replied, feeling that the words were inadequate. "For all of us – thank you."

"I should hae done it long ago. After this, I doubt they’ll be coming after an old man like me." Scott cocked his head. "It’s early days yet, but do you know what you’ll be doing now that's it's over? There’s a place for you on Timor if you like."

Before Chakotay could answer, he was pulled away from Scott into the enthusiastic embrace of B’Elanna Torres, and from there swept on to others.

Eventually the courtroom began to empty, people leaving in twos and threes and larger groups. Finally, Chakotay found himself seemingly alone, and the quiet was a relief. He sat down heavily in a chair and closed his eyes, unaware that anyone else remained in the room. Perhaps he was offering a prayer of gratitude, perhaps he was simply trying to come to terms with the fact that he was finished with a significant chapter in his life. Perhaps the emotions he had kept under control in the months since Voyager’s return were finally breaking free.

A hand on his shoulder caused him to look up into the questioning eyes of Kathryn Janeway. He gazed at her for a moment, then with a movement so swift it was startling, pulled her closer and buried his face against her chest. She said nothing, but stroked his head gently.

Finally he looked up. "Where do we go from here?"

"Well," she said softly, "I thought Indiana might do for the short term." With a smile, she stepped back and offered him her hand. Taking it, he rose and they left the courtroom together, hands tightly clasped.

--To Be Continued--

 

On To Chapter 6