Possible Plea Bargain?

[Joy 0]

Subject : Possible Plea Bargain?

From : LtJg Joy Twelve

To : Admiral BluRox

 

 

Admiral

 

I recently forwarded Commander Kwai a short summary of defense strategies, assuming the trial is to continue on an adversarial basis. She has since invited me to join the defense team. Her thought, and I do not believe it in jest, is that it takes one person to run the defense while the other keeps Kawalis quiet.

 

Which raises a few additional questions. Regardless of how it came about, Kawalis is not in a sound mental state. Further, there seem to be political questions in play. Normally, I am a creature of law, and would as soon see rule of law progress through all the usual rituals and procedures. In this case, however, politics seems to be coming into play. The Bajor clergy wish respect for their religion and beliefs. Starfleet seems unusually prejudicial, pushing a public relations course as must as a course of justice.

 

I have some questions. If some set of these questions might fall into the right answers, it might be prudent to seek a plea bargain resolution, rather than an adversarial one.

 

Regardless of the cause of her current mental state, is Kawalis currently fit to continue a career as a starfleet officer?

 

How much does she desire to continue such a career at this time? Would she be willing to retire, or to accept some form of stress related or medical discharge?

 

Must Starfleet have public vengeance? Do they require some sort of public vindication? Or is it acceptable that Kawalis will not be a continued risk to ship, personnel and mission?

 

Will the clerics of DS9 be satisfied with respect from the Federation and the possibility that once again their prophets have interacted in the world of matter, or are they going to try to force Starfleet to endorse their religion?

 

Of these four points, the clerics seem both least and most certain. The Federation is not going to endorse any given religion, but neither should they interfere with or demean the practice of religion. Thus speaks the Constitution and the Guarantees. Commander Kwai and I are going to speak with the clerics now. We shall see what develops.

 

If we proceed with the adversarial process, the primary question is whether the possibility of action by energy beings creates a reasonable doubt of guilt. "Temporary insanity' is a defense that should not be lightly used. In this case, the evidence would include the extraordinary 'coincidence' of the shuttle landing right next to a well hidden base, the altered brain waves as measured on the Republic, and the continued disordered state of Kawalis's mind. I believe any charges related to pre-orb incidents can and should be dismissed on double jeopardy grounds. The question is whether the landing coincidence and mental abnormalities create a reasonable doubt.

 

Worldviews matter. The Starfleet panel does not seem to see that reasonable doubt. The clerics and people of Bajor and DS9, being of a different culture, are apt to see that reasonable doubt. One culture, the other, or both, are seemingly prejudiced by their views on how the galaxy works. Sincere and intense differences do exist.

 

If both cultures strive to push and adversarial process, whereby Starfleet personnel are perceived of as passing judgement on the actions of the prophets, political difficulties are very likely. To a believer, Starfleet is not granting a trial by Kawalis's peers. Starfleet has selected an alien and prejudiced jury, excluding locals with knowledge of local affairs from the role of judgement. Regardless of whether all the Starfleet regulations and procedures have been followed, there is room to say there is an outrage being committed here, by either Federation or Bajoran standards.

 

Which brings me back to those first two questions. Is Kawalis fit for duty? Would she be content to retire from Starfleet at this point in her career? If so, a medium small political explosion might best be avoided through negotiated settlement. If not, I shall endeavor to establish the politically loaded reasonable doubt.

 

But there is unlikely to be an agreement between the cultures on whether said reasonable doubt exists.

 

 

LtJg Joy Twelve