Expanding on "Court Martial"

[Tenacity]

and his lawyer sucked

Oh, and how he did suck.

He did next to nothing in the court room. It was Spock who figured out there was a problem with the records.

On rewatches, I can't help but wonder if Lt. Shaw deliberately steers Kirk towards a bad lawyer.

 

[alchemist]

Oh, and how he did suck.

He did next to nothing in the court room. It was Spock who figured out there was a problem with the records.

On rewatches, I can't help but wonder if Lt. Shaw deliberately steers Kirk towards a bad lawyer.

Several scenes were trimmed in the final print that resulted in Cogley's part be reduced in the episode. In particular, material from two scenes was left on the cutting room floor that showed the wheels -- cogs, if you will -- turning in his head.

 

[Steven P Bastien]

Oh, and how he did suck.

He did next to nothing in the court room. It was Spock who figured out there was a problem with the records.

On rewatches, I can't help but wonder if Lt. Shaw deliberately steers Kirk towards a bad lawyer.

That's not a fair judgement. He was given a no win case. Kirk rejected his recommendations, and he had no way to make a defense. However, once the opportunity was later given, he capitalized on the opening and exploited it fully. He was the one that made the conclusion that Finney was alive.

 

[Mytran]

In the episode, Cogley certainly came across as more form than function

 

[Steven P Bastien]

Well, maybe for some of the episode. However, I would be interested to hear about what else he could do before Spock's accidental discovery of a computer problem. The experts had already analyzed the computer system, and found no problems. All the evidence showed Kirk to be guilty. The only evidence to support him was his past reputation, but any human can fall from grace.

Cogley had already recommended to Kirk to take a plea deal, and he would have done his client a proper service as a good lawyer if Kirk had given in. That was his responsibility as an attorney to do the best he can for his client with the case as it existed.

But, in the end, Cogley won his case using logic, intuition (Finney's daughter's forgiveness of Kirk played into that) and particularly trust in his client. Since he believed in his client, he realized that, with all other explanations being shown to be impossible, the only remaining possibility ( no matter how improbable) must be the correct conclusion. Also, before he could even prove that, he had to convince the panel (using an impressive speech) to allow more evidence to be presented, after he had closed his case.

The speech, the logic, the intuition and the trust strike me as a whole lot of function to go along with the form.

 

[FormerLurker]

Yeah, the way Webb spits out "Hello, Captain!" always makes me think of a radio actor, which Webb was I guess, though he mostly did screen work.

I love his voice. He had one of the better stentorian voices back then, something Star Trek was graced with repeatedly; Richard Webb, Morgan Woodward, Roger C. Carmel, Michael Ansara, even Ted Cassidy, who mostly scraped the bottom of his vocal range for effect, had such a voice. It was glorious.

 

[Mytran]

Well, maybe for some of the episode. However, I would be interested to hear about what else he could do before Spock's accidental discovery of a computer problem. The experts had already analyzed the computer system, and found no problems. All the evidence showed Kirk to be guilty. The only evidence to support him was his past reputation, but any human can fall from grace.

Cogley had already recommended to Kirk to take a plea deal, and he would have done his client a proper service as a good lawyer if Kirk had given in. That was his responsibility as an attorney to do the best he can for his client with the case as it existed.

But, in the end, Cogley won his case using logic, intuition (Finney's daughter's forgiveness of Kirk played into that) and particularly trust in his client. Since he believed in his client, he realized that, with all other explanations being shown to be impossible, the only remaining possibility ( no matter how improbable) must be the correct conclusion. Also, before he could even prove that, he had to convince the panel (using an impressive speech) to allow more evidence to be presented, after he had closed his case.

The speech, the logic, the intuition and the trust strike me as a whole lot of function to go along with the form.

But Spock's discovery was never expected to be part of the plan - everyone assumed that the computer records were infallible. So, the "amazing" Cogley's strategy was...admit fault and make a plea bargain. His backup plan...make a speech about how mean computers are. Wow. AMAZING!!!
I don't disagree that once Spock brought the new information to the table, Cogley acted appropriately and even creatively. However, prior to that he was way oversold by Areel Shaw IMO

 

[Steven P Bastien]

But Spock's discovery was never expected to be part of the plan - everyone assumed that the computer records were infallible. So, the "amazing" Cogley's strategy was...admit fault and make a plea bargain. His backup plan...make a speech about how mean computers are. Wow. AMAZING!!!
I don't disagree that once Spock brought the new information to the table, Cogley acted appropriately and even creatively. However, prior to that he was way oversold by Areel Shaw IMO

All good points, but I still don't see anyone saying what he should have done differently. Attorney's often advise clients to make a plea deal even if they client insists he is innocent. That is their job. If there was a better strategy, I would be happy to hear it.

 

[Mytran]

Exactly my point; the angle of plea bargaining is a common one, hardly what Shaw sold Cogley as which was an original and creative attorney in an impossible situation:

SHAW: The prosecution will build its case on the basis of Kirk versus the computer. Now if your attorney tries to defend on that basis, you won't have a chance.
KIRK: What other choice is there?
SHAW: That's up to your attorney, and that's why he's got to be a good one.
...
SHAW: Samuel T. Cogley, attorney at law. If anyone can save you, he can. He'll be paying you a visit.

The hearing session following this scene has Cogley make an empassioned speech, which is good. However, it's clear that he hasn't seen the CCTV footage, which demonstrates extremely poor research. In fact, the video clip all but convinces Cogley of Kirk's guilt!

COGLEY: Computers don't lie.
KIRK: Are you suggesting that I did?
COGLEY: I'm suggesting that maybe you did have a lapse. It was possible, you know, with the strain you were under. There's still time to change our plea. I could get you off.

This is the first time that Cogley has suggested plea bargaining, and I have no reason to doubt that Cogley (with his impressive public speaking skills) could pull that off. Heck, it's probably his modus operandi, for he does make a fine speech! However, that is ALL he has done so far. Was that his entire case - make one speech? It seems so:

STONE: Court is now in session. The board will entertain motions before delivering its verdict. Counsel for the prosecution?
SHAW: Sir, the prosecution rests.
STONE: Counsel for the defence?
COGLEY: Sir, the defence rests.

This was Cogley's final chance to pull something out of the bag (even another speech!) and he completely waives the opportunity. Good lawyer, indeed...
Thank goodness for Spock!

 

[Steven P Bastien]

Your point about Cogley being surprised by the video is certainly good. I would call that a bad script error. It does make him seem inept.

My view is that the point of Kirk's situation is that he is between a rock and a hard place. Even the best lawyer can't get him out of it. This is a test of his character. With zero chance of winning he chooses to hold his ground.

So, yes you found an error Cogley made. But, does he have an alternative strategy? If not, then what else can he do? If he does have an alternative strategy, then the script is bad. The whole point of the story is that the case is hopeless. We then find out who believes in Kirk, despite the evidence. His entire crew seems to. But, especially Spock could not accept that he was guilty. So he discovered the critical fact. But, then Cogley has his foothold - something very small that he can exploit.

To me it's a great story all around, but the script is not flawless. No Star Trek script ever was.

 

[Mytran]

I actually really like the story of Court Martial (and reading about some of the early drafts is fascinating, especially what was cut out of the final episode).
There are some in Trek fandom who hold Cogley up as being "duh greatest lawyer evah". My point (written somewhat verbosely, I admit) was that he gave a less than stellar performance on the one occasion that we see him.
Eccentric? yes
Creative? yes, when handed something to work with
Able to pull legal miracles out of a hat (which Shaw implied)? Absolutely not, and he should definitely stick to more conventional plea bargaining cases, where his verbal skills can be put to better use

The best solution (which a better lawyer would have conveyed more persuasively) was that the ONLY way out of this was for Kirk to take the (get out of jail free) option which Stone had offered and Cogley offered again.
But that just wasn't Kirk's way.

 

[Steven P Bastien]

The best solution (which a better lawyer would have conveyed more persuasively) was that the ONLY way out of this was for Kirk to take the (get out of jail free) option which Stone had offered and Cogley offered again. But that just wasn't Kirk's way.

I can agree that is the best solution but also the worst story idea. But, you are blaming Cogley for not persuading Kirk. I would argue that it is a case of an extremely large force meeting an unmovable object. We obviously don't want Cogley to succeed in attempting this. No matter how good Cogley might be, Kirk has to be even better.

 

[Tenacity]

before Spock's accidental discovery of a computer problem

I doubt it was a accident, more Spock deliberately went looking for the only thing he could provide the would give Kirk a chance, diagnosing a problem with the ship's computer.

I don't think it was a case of Spock not looking for a problem, and a problem dropped into his un-expecting lap.

 

[Commishsleer]

There were 4 possibilities.
1. Kirk deliberately pressed the button early.
2. Kirk accidentally/subonsciously pressed the button early
3. The computer record was wrong.
4. Some god-like being was playing with Kirk and manufactured the situation.

To be fair on Cogley I think Spock and even Kirk himself eliminated possibility 3 so that only really left Cogley Possibility 2 to play with. Maybe in a civil court Cogley would have sent a computer expert in himself to investigate the likelihood of sabotage. And I wouldn't have eliminated Spock as a suspect if I were him. A proper lawyer would have implied that Spock could have faked the records so he could be captain just like McCoy always accused said.

 

[Steven P Bastien]

A proper lawyer would have implied that Spock could have faked the records so he could be captain just like McCoy always accused said.

Ah, very good point. That's a valid strategy. Still, Kirk would not have allowed that one.

 

[Steven P Bastien]

I doubt it was a accident, more Spock deliberately went looking for the only thing he could provide the would give Kirk a chance, diagnosing a problem with the ship's computer.

I don't think it was a case of Spock not looking for a problem, and a problem dropped into his un-expecting lap.

Yes, of course. I misspoke. He did go looking for it. I was thinking more to the idea that the effect of the computer hacking accidentally affected the chess programming.

The main point I wanted to imply was that Spock makes the critical discovery, but, by itself, that fact was not going to save Kirk. Spock, for all his logic, did not draw the conclusion that Finey was alive. The court would not consider an obscure fact about a chess program malfunction as significant. Cogley is the one that pushed the logic to the point of usefulness.

 

[Phaser Two]

Yet in "This Side of Paradise" the Enterprise was going to be left in orbit indefinitely. Maybe the writers were learning fast.

Well, not indefinitely, but for several months. Kirk didn't say so, but I gathered it would run out of fuel at that point.

The writers definitely had "orbital decay" on their brains in S1, though. I'm struggling to remember a similar situation in S2 or S3 besides "The Apple."

I always liked that. "Hello, Captain. Nothing to say, Captain?"

Yup, that was some outstanding line delivery.

 

[Tenacity]

Well, not indefinitely, but for several months. Kirk didn't say so, but I gathered it would run out of fuel at that point.

i like the idea of the ship being in powered flight above a certain point on a planet's surface, would explain certain episodes. This is the "standard orbit" Kirk frequently orders.

The Exeter (The Omega Glory) had apparently been over a planet for months, with no one alive aboard.

 

[Phaser Two]

i like the idea of the ship being in powered flight above a certain point on a planet's surface, would explain certain episodes. This is the "standard orbit" Kirk frequently orders.

The Exeter (The Omega Glory) had apparently been over a planet for months, with no one alive aboard.

I'm not sure the Exeter's orbit profile or length of time over Omega IV was ever established. But the superb dialogue in Mirror, Mirror sheds some additional light (or does it?) on the "above a certain point" theory:

SPOCK: Planet's rotation is carrying primary target beyond arc of phaser lock.
SULU: Shall I correct orbit to new firing position?

I could very well be wrong but that seems to indicate that the I.S.S. Enterprise is not fixed in place relative to one point on the planet, but fixed in place - or perhaps even moving itself, but slowly - such that the planet's rotation moves faster and various areas on the surface therefore come in and out of the reach of the ship's weapons. (I'll assume that the Mirror Universe did things the same as the prime universe in this regard.)

 

[Laura Cynthia Chambers]

Maybe in a civil court Cogley would have sent a computer expert in himself to investigate the likelihood of sabotage.

This might be the preliminary hearing, for all the grandstanding. Cogley could later appeal/present evidence and expert witnesses in a more thorough trial, but is he going to wait for (an as yet uncreated by the writers) Richard Daystrom to fly out to Starbase 6?

That could turn it into a two parter.