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Messages - T'mpal

#1
Deep Space Academy / Classroom 6
November 07, 2005, 10:28:33 PM
*After answering all questions, I push the transmit button on the PADD to send in the results*
*Looks around for a moment, and begins to contemplate*
#2
Deep Space Academy / Classroom 6
November 09, 2005, 02:51:37 AM
During the course of my investigation, I interviewed all three suspects separately.  While the major parts of their stories did match up, several details varied in all three stories more than would normally be expected.  Also, according to the computer all three officers were in the same location.  These two facts taken separately may seem meaningless, but looked at together suggest the possibility of conspiracy.  Turning to Starfleet safety regulations, in order for the safety protocol to be disengaged (as it would have to be in order to decompress the shuttle bay) would require the use of higher-level command functions and concurrence of another ranking officer.  With the information presented I would refer all three officers to Court Martial for murder and conspiracy to commit murder.
#3
Deep Space Academy / Classroom 6
November 13, 2005, 04:54:42 AM
OFF: I'm sorry it took me so long to post.
IC:T'mpal:  "Your honor, may I proceed with my opening statement"
*Receives a wave*
T'mpal:  "Member of the Court Martial, you have just heard the prosecutor try his hardest to make my clients look guilty.  He claimed that my clients had vengeful attitudes towards the chief engineer, but the commanding officer of a starship has wide discretion in who serves aboard his starship and could transfer him off if he was so inclined.  The prosecution tried to show that the only way the cargo bay could have been decompressed was through the order of at least two ranking officers; however, the defense will show another possibility.  The defense will show that it is possible for the chief engineer to have decompressed the cargo bay himself.  Thank you."
Ransom:  You may call your first witness.
T'mpal:  "I call Captain John Smith."
Court Officer:  "Do you swear that the testimony, you are about to give will be the truth, the whole truth, and nothing but the truth."
Cpt. Smith:  "I do"
Ransom:  "You may be seated."
T'mpal:  "Captain Smith, please state your name rank and current billet for the record."
Smith:  "John Smith, Captain, Senior Operations Professor, Starfleet Academy."
T'mpal:  "Captain Smith, how long have you worked in starship operations?"
Smith:  "I have worked for twenty-five years, ten years as operations officer aboard two different starships and fifteen year as a professor at Starfleet Academy.  During this time, I have authored several papers and articles on starship operations, security, and safety procedures and given advice to the Starfleet Corps of Engineers and Starfleet Command for procedures to ensure safety during starship operations."
T'mpal:  "Your honor at this time I ask that Captain Smith be recognized as an expert in the fields of starship operations and starship safety and security procedures."
*Upon receiving approval*
T'mpal:  "Captain Smith, have you reviewed the JAG report and supporting materials?"
Smith:  "I have."
T'mpal:  "The prosecution contends that the only way to override the safety protocols on the cargo bay force field when life signs are present are through the authorization of at least two ranking officers, is there any other way?"
Smith:  "If the person or persons in the cargo bay tell the computer and give secondary confirmation to decompress the cargo bay, the computer will drop the force field and decompress the cargo bay.  The only other way to decompress the shuttle bay is to manually override the force field, which can only be done from inside the cargo bay."
T'mpal:  "Captain Smith, what is the procedure to decompress the cargo bay from within using the computer?"
Smith:  "The officer inside the cargo bay tells the computer to disengage the force field, the computer asks for the officer's authorization code to confirm the identity, the officer gives the command code, the computer asks for confirmation, and if the officer confirms the order, the force field is disengaged and the cargo bay is decompressed."
T'mpal:  "Disengaging the force field from inside the cargo bay only requires one access code?"
Smith:  "Yes."
T'mpal:  "Captain Smith, in your expert opinion, is it possible that the Chief Engineer disengaged the force field and decompressed the cargo bay?"
Smith:  "In my professional opinion, it is possible that the Chief Engineer disengaged the force field and decompressed the cargo bay."
T'mpal:  "I have no further questions for this witness."
*After calling and questioning several character witnesses*
T'mpal:  "The defense rests"
*After the Prosecution's closing argument*
Ransom:  "The defense may proceed with your closing argument"
T'mpal:  "Thank you.  Members of the Court Martial, over the past few days you have heard two different accounts of what happened on-board the Phoniex.  The prosecutor has retailed you with accounts of a vengeful group of officers, pitted with anger over a lost promotion and blame for the death of a family member.  However, you have heard from those who are closest to these three fine upstanding officers.  You have heard from those who served with these men.  These officers have saved their fellow officers and their ships; have been decorated seventeen times collectively, by Starfleet Command, for bravery and heroism.  However, even with their outstanding records this is a court of law and you are the Trier of Fact.  The judge will soon instruct you that you are to deliberate and decide the guilt and innocence of my client.  He will give you instructions saying that if presented two scenarios of equal possibility then you must believe the scenario that leads to a verdict of not guilty.  You will also be instructed by the judge to vote not guilty if you have a reasonable doubt.  The evidence and expert testimony has shown that it was possible for the chief engineer to disengage the force field from inside the cargo bay.  The chief engineer's authorization code contained the elements of the code that was retrieved from the computer in association with the lowering of the force field.  These men did not commit murder, they did not conspire to commit murder, and as can be seen by their commendations act in the best tradition of Starfleet.  There is only one logical resolution to this case a verdict of Not Guilty."
#4
Deep Space Academy / Classroom 6
November 07, 2005, 05:49:39 AM
OFF:  Do you perfer the response by message or to be posted as a reply?
#5
Deep Space Academy / Classroom 6
November 09, 2005, 01:59:42 AM
Prior to the ship's arival I would request the four officers' service records and psych evaluations.  Before begining any questionig, I would also look into any orders given on a time-delay for decompression of the cargo bay.  I would also find out how long the COs sister/TACs wife had been deceased.
#6
Deep Space Academy / Classroom 6
November 08, 2005, 02:24:31 AM
"The answer is depends on a couple of factors: do I have access to communications while confined to my quarters, was I able to file my final report, if I brought a security detail with me have they been disarmed.  Assuming the worst that I was unable to report my findings or submit a situation report and that any security detail that may have accompanied me have been confined in a seperate area.  I would attempt to speak with the XO and tell him that he must relieve the CO for attacking an unarmed vessel, obstruction of justice, and other violations of Starfleet regulations.  If he refused, I would make a note in my report and attempt to discuss the same with the third-in-command, etc.  The division CO who oversees the assignments to the ship should have recognized if every single officer had been comprimised.  In my conversations with the XO or others I would try and impress on them that their first duty as Starfleet officers is to the truth and to upholding interstellar law."
#7
Deep Space Academy / Classroom 6
November 12, 2005, 04:51:22 AM
*Stands up and approaches the podium*
T'mpal:  "May I proceed with my opening statement, your honor"
*Admiral Ransom gestures for the opening statement to proceed."
T'mpal:  "Members of the Court Martial, on stardate (insert stardate from report) at about 1400 hours, the force field that maintained the atmospheric pressure in cargo bay of the U.S.S. Phoniex were disengaged.  This lowering of the force field and the subsequent decompression occurred while the Chief Engineer of the Phoniex was working in the bay, when the bay was decompressed the Chief Engineer was killed.  Through the course of this court martial, we will prove that each of the defendants had a reason to kill the chief engineer.  They met together and conspired to kill the chief engineer, and then followed through on their plan.  The evidence will prove that Captain Parker, Lieutenant Decker, and Lieutenant Bush committed murder, through a well planned conspiracy; which disgraced their uniforms and Star Fleet.  Thank You."
*Sits down and Defense Council requests to present their closing argument at the beginning of their case.*
Ransom:  Mr. T'mpal, you may call your first witness
T'mpal:  "You honor, I call Ensign Willium Tuttle to the stand"
*Ensign Tuttle walks in, raises his right hand and takes the oath*
T'mpal:  "Mr. Tuttle, please state your name, rank, and current billet for the record"
Tuttle:  Willium Gene Tuttle, Ensign, JAG officer assigned the U.S.S. Phoniex.
T'mpal:  "Ensign did you conduct a preliminary JAG enquiry into the death of chief engineer of the Phoniex?"
Tuttle:  Yes sir, after the death of the chief engineer, per Star Fleet Regulations, I secured the internal sensor logs monitoring the cargo bay, I sealed the chief engineers quarters, and began a preliminary investigation.
T'mpal:  "Your honor, at this time I ask that the preliminary JAG report prepared by Ensign Tuttle be admitted into evidence."
*Hands the PADD containing the report to the security officer*
T'mpal:  "What were the findings of your investigation?"
Tuttle:  After interviewing several members of the crew and reviewing the sensor logs, I believed that there was enough evidence to be suspicious of the chief's death.  I then recommended that a formal JAG investigation take place at the nearest starbase.
T'mpal:  "Mr. Tuttle during the course of your investigation, did any possible suspects stand out?"
Tuttle:  Captain Parker and Lieutenants Decker and Bush had all been seen arguing with the chief in the days leading up to the chief's death.  Also, a common part of all three of their access codes was used in the command to decompress the shuttle bay.  This gave me reason to place all three officers at the top of my suspect list and in my report.
T'mpal:  "I have no further questions for this witnes at this time"
#8
Deep Space Academy / Classroom 6
November 06, 2005, 04:37:15 AM
*Starts typing on the PADD, after reviewing the lesson*
"The prosecution's case consisted of two major parts, that resulted in Court Martial offenses.  First, Commander Spock committed mutiny; he did this through rerouting the U.S.S. Enterprise to Starbase 11 to pick up Fleet Captain Christopher Pike, former Commanding Officer of the Enterprise, this in itself may not rise to the level of Court Martial.  However, Commander Spock then forced the computer into a pre-set series of orders, which if a deviation were made from the orders that Commander Spock had given Life Support would have been shut-off.  Second, Commander Spock stood accused of violating Star Fleet General Order VII, which prohibits travel of any starship or officer to Talos IV, under any circumstance.  Commander Spock by his own admission was taking Fleet Captain Pike to Talos IV.  The prosecution focused strictly on the violations of applicable Star Fleet orders, without regards to why."
*Spacing down to start the second part of the assignment*
"The defense's case relied on why Commander Spock took the U.S.S. Enterprise and Fleet Captain Pike to Talos IV.  The defense's main piece of evidence was the transmission of the previous encounter with Talosians.  Among other things that the transmission showed, the Talosians, in Commander Spock's defense, showed their ability to 'heal' injuries that were unable to be healed by modern medicine.  Commander Spock's caring for his former commanding officer was his primary defense against the charges tendered."
*Hits save and turns in the PADD, and returns back to his assigned seat and begins to review what is happening with the Ni'jat situation.*
#9
Deep Space Academy / Classroom 6
November 08, 2005, 06:21:15 AM
"First, in the role of the impartial JAG investigator, upon finding enough evidence to support the claim of the CO firing upon an unarmed vessel, I would submit my preliminary report with all evidence to my superior officer, who holds at least the rank of Captain, with a recommendation to convene a Court Martial.  With the evidence presented at the first part of the question.  The recommendation would be to charge him with attacking an unarmed civilian ship without provocation (violation of the ROE and interstellar law), dereliction of duty for failing to report the incident, and if anyone died negligent homicide.  If the second part of the scenario were true, I would also recommend charges of interfering with a JAG investigation, obstruction of justice, and unlawful detention.  If my superior agrees with my findings, the case will move onto the docket and an Article 32 hearing will be scheduled."

"The Article 32 hearing is the first place in which the adversarial part of the legal system takes effect.  Just as in the Court Martial the prosecution will present its case first.  If I were the prosecutor my main source of evidence would be the sensor log, which I would say (with expert testimony to back-up assertion) clearly showed that the transport was not in an offensive stance and had no weapons that could begin to scratch a Defiant Class ship.  I would argue that the Captain should have been aware of the sensor readings before firing and should have been aware of regulations that prohibit firing on an unarmed vessel."

"As defense council my job would be much more difficult.  The key phrase would be 'Hind sight is 20/20, but things are never as clear at the time.'  I would also have an expert for the defense who would point out an anomalous sensor reading that the prosecution wrote off, but that has a very similar energy pattern to a large weapons array.  Through this I would try to diffuse blame amongst bad sensor readings, a poor interpretation of those same readings, and high stress levels after a long patrol.  I would suggest that, while failing to report the incident to Starfleet Command was a breakdown in procedure, my client would have written up the incident in his final report at the end of the patrol."

"The evidence is too overwhelming for a judge not to hold over the case for Court Martial on at least the charge of firing on a civilian ship.  Within 72 hours, the Court Martial would be convened. The panel would probably consist of a Senior JAG officer, the CO of the station where the trial was being held, and the division or sector CO.  If the evidence in the Court Martial was beyond a reasonable doubt, they would convict; however, if a reasonable doubt remained they must acquit."
#10
Deep Space Academy / Classroom 6
November 08, 2005, 12:37:14 AM
"While setting up travel arrangements to travel to the Lollypop, I would attempt to contact the Klingon Homeworld, to confirm that there was an attack.  If confirmation is recieved, I would travel to the Lollypop to begin an inquiry.  Realizing that the CO is hostile to JAGs I would bring only one  or two members with me, if necessary (I would try not to bring any). Upon arrival, I would ask to speak with the CO.  Again keeping in mind he is not fond of JAG investigators, I would let him know that this is only a formality and I was given my orders just as he was given his.  I would assure him that I would stay out of his and his crews way as much as I could.  After meeting with the CO I would access sensor logs and conduct interviews with the crew who were on-duty at the time, conducting these interviews as they got off duty.  The interviews and the logs, providing there was no tampering of evidence, should provide enough information for a preliminary decision, which I would transmit with a reccomendation to my superior and the COs superior."

"Assuming for the moment that the CO decides not to cooperate during any of the process.  There are a couple options open: 1) I could secure a search order to compel either or both the required personnel and/or records or 2) I could refer charges of obstructing a JAG investigation to my superior.  On my part there must be an understanding that he is a Captain and the CO of the ship, where I am a lieutenant and a guest.  But he too must realize that I am conducting a JAG investigation and that UCSJ requires that he cooperates fully."
#11
Station Ops / The Battle of Avalon
November 01, 2005, 02:52:17 AM
*Enters Ops and walks over to Flag Admiral Vorak*
"Sir, Admiral Ransome told me to report to you for TAD in defense of Avalon Station."