Inevitability
Historical note: This adventure takes place in 2374, approximately two weeks after the events of Preemptive Maneuvers.
Chapter 1
A person often meets his destiny on the road he took to avoid it.
---unknown
Time and I against any other two.
---Baltasar Gracian
---unknown
Time and I against any other two.
---Baltasar Gracian
Starfleet Judicial Building
Hall 84 Alpha
"And what was Captain Aubrey's response after you ordered him to pass through occupied Betazoid space?" Edwardo Gonsalez was asking. The prosecuting officer was a Hispanic man in his late sixties, and one could say everything about him was sharp; from his piercing voice to his angular features, which included a beak-like nose.
Vice Admiral Edward Jellico answered with a tone that was both formal and bland, the default voice he trucked out for any type of debriefing. "He said that he would not be able to follow my order. That under no circumstances would he try to use the alien matrix aboard his ship to attack the Dominion."
The prosecutor raised his eyebrows with timing that was perfectly orchestrated, as though Jellico’s statement was an unexpected reveal. “And then what happened?”
The admiral kept his eyes on the Federation pennant that adorned the far side of the courtroom, his body a rigid illustration of military posture that harkened back to the days of bayonets and gunpowder. "At that point he became belligerent and insubordinate. He insulted me personally.”
“Can you be more specific, sir?”
“He called me a ‘stupid ass’. Because of his insubordination and conduct unbecoming, I felt it necessary to relieve him of his command. He then cut off communication and took his ship out of the area.”
“So apparently, he disobeyed that order as well, remaining in command of his ship?”
“That is correct.”
The prosecutor had been making a slow circuit of the courtroom. He paused at the defendant's table long enough to drop a look of condemnation on Aubrey, before walking back to his table. "Thank you, Admiral. No more questions."
Aubrey's attorney was on her feet at once. Nyela Sharif was a lean woman of African descent. She was in her early thirties and had short-cropped hair that showed off the curves of her skull. She paraded towards the stand, PADD held before her like an old detective character with an oversized magnifying glass. "Admiral, is it accurate to say that you placed a great deal of trust in Captain Aubrey’s judgement?”
“I did prior to this incident, yes.”
“I should say so. You appointed him Squadron Commander for the Excelsior Wing in Taskforce Tango. And you agreed with his plan to use a Genesis facsimile to destroy the Dominion shipyard within the Kokala Nebula. Isn’t that right?”
Jellico answered again in the affirmative.
"You further agreed with him that he should take his ship to Archer IV, to allow the ‘Inth’ aliens to finish their evolution and thereby save the galaxy as we know it?”
Gonsalez exhaled with appreciable irritation.
When Jellico answered “yes”, she pushed forward in a rush. “Then sir, I’m at a loss to understand why you didn’t trust him when he advised you that using the Inth against Dominion forces was a bad idea. After all, he had direct communication with the species. Wouldn’t he be in a position to know the best course at that point?”
Jellico’s cheeks were beginning to color. “That was my prerogative, young lady.”
“You don’t allow subordinates to disagree with you, isn’t that right?”
“No, that isn’t right. They’re allowed to disagree. But they are not allowed to disobey. They don’t have the right to disrupt the chain of command. Particularly not during a crisis. You’d understand that if you had ever served anywhere outside of an office building.”
Nyela shrugged away the brickbat. “I would argue that they not only have the right, but a duty to disobey, especially when their CO has a history of issuing questionable orders. I believe you were advised against committing Tango Fleet when your forces were outnumbered, isn’t that correct, admiral?”
“Objection! Admiral Jellico is not on trial here.”
“How many lives were lost during your attempt to retake Betazed, admiral? It was in the hundreds, wasn’t it?”
"That's enough, counselor." The Starfleet trial judge interrupted. "Prosecution is correct. Jellico is not on trial here today, Captain Aubrey is. The objection is sustained."
Gonsalez restrained the urge to smirk. Nyela had requested a trial Judge, rather than the customary panel usually assigned in a court martial, likely because it was more familiar territory for her, as a civilian attorney. She might end up regretting that decision. Judge Andre Dubois’ reputation was for possessing a ying-yang balance of both intolerance and objectivity.
"May we approach the bench?" She walked over; already assuming the answer would be a "yes".
When Trial Counsel and the defense attorney were both beneath the judge's bench, His Honor tapped a nearby control panel, activating a nullification field, making it impossible for anyone to hear their conversation.
Nyela jumped into her dissertation immediately. "Your Honor, I’m trying to establish that the admiral issued a bad order and that my client was justified in disobeying it. I’m supporting that by showing the admiral has a history of issuing bad orders and becomes combative whenever he’s challenged.”
The prosecutor opened his mouth, but the judge raised his index finger to stop the rebuttal before it became airborne. To Nyela he said, "I figured that out all by myself, counselor. But I will not allow you to drag a Starfleet admiral through the mud."
"If it pleases the court, I would-----"
"It very much does not please the court, Ms. Sharif. I understand that you're a civilian officer who rarely practices in Starfleet matters. Therefore, you may be under the belief that a character assassination on the admiral will muddy the waters so as to in some way mitigate the charges against your client. And maybe that kind of spectacle works outside of these walls, but I won't stand for it in my courtroom. Now, you will confine your questions to only those facts as they relate to direct causality. Am I clear?"
“Your Honor, with respect, how can I manage a proper defense under those restrictions?”
“Here’s an idea just off the top of my head: you can still argue your client’s state of mind, reasoning, and motivations, and all without attacking the admiral. Beyond that, it’s your job to figure out your strategy, not the court’s.”
She took a lengthy, studious look at the proud officer on the witness stand, remembering again just how tight was the loyalty that bound this organization together---a loyalty made all the more resilient by the peril now facing the Federation. She deliberated for just a second longer, before deciding on the better part of valor. “Then at this time, I have no more questions for the admiral.”
“Outstanding.” The judge excused Jellico. But the words had barely left his mouth before Nyela was on to her next order of business.
“What is it now, counselor?” He sighed resignedly, upon hearing she had a new request.
“One of the charges against Captain Aubrey is that he also refused an order from his chief medical officer, who relieved him of command, due to medical concerns. I’m moving to have that charge dismissed.”
“On what grounds?”
“On the grounds that the results of her medical exam are sealed. Starfleet has refused to release them. If they can’t be verified, then his CMO’s order should be considered invalid.”
“That’s ridiculous, your Honor. The order is valid on its face. Doctor Kella’s competency results are on record and were witnessed by two senior officers, whose depositions are also on record. That the details of her exam were redacted is immaterial.”
Nyela looked at him as if her distinguished colleague had just made a vulgar joke while attending a wake. “’Immaterial’? According to law, my client has the right to hear the details of all charges and specifications brought against him. It’s not his fault that Starfleet has classified the results of Doctor Kella’s medical exam and refused to reveal them citing wartime security measures.”
“He already knows the results. He was present at their disclosure. He only has to confirm that those results support the doctor’s order. It’s constructive knowledge, pure and simple.”
“Mr. Gonsalez knows better than that. It can’t be considered constructive knowledge if the knowledge in question is hidden. If I may remind the court, my client is forbidden to disclose those results as well. And I submit that even if he weren’t under such an order, the court couldn’t compel him to incriminate himself. The burden of proof falls to Trial Counsel, not Defense.”
“Wrap it up, Ms. Sharif.”
“Yes, your Honor. I’m arguing that Doctor Kella’s exam was the basis for relieving my client, under 104 Section C. If justification for her medical order can’t or won’t be produced, then your Honor should dismiss this particular charge.”
The prosecutor rolled his eyes. “Really, counselor…you’re implying his own chief medical officer was lying? And in front of witnesses no less? To what end? Doctor Kella and your client have been close friends for years. What possible motivation would she have?”
“Thank you for making my point. Because of their close relationship, it’s all the more important to see the hard evidence. Friendships can turn sour and are especially suspect when two parties work together professionally, where one is subordinate to the other.”
“Your Honor---”
But the judge held up his palm. “I’m afraid you walked into that one, Mr. Gonsalez. I’m granting the dismissal, with the proviso that it can be presented again if the medical evidence is produced that supports the charge.”
Nyela grinned.
Gonsalez downshifted from “battle mode” to apathy. He was content to let Nyela have little victories if it gave her a false sense of accomplishment. Her client would still answer the remaining charges, which carried decidedly more weight.
His annoyance lay with the trial itself, because in his view none of this was necessary. The facts of this case were self-evident. She had entered a plea of not guilty, citing matters of extenuation, and it was those matters specifically that led her to insist on a trial. No doubt she had talked Aubrey into it, so she could grandstand. Sadly, he had expected nothing less from a civilian attorney. She was obviously too self-absorbed to see the disservice she was visiting upon her client.
It was a shame. If Defense had been amicable to a pretrial agreement, Gonsalez would have been happy to work with Admiral Jellico, the convening authority, to seek clemency for Aubrey. But instead, she had elected to waste the court’s time. Because of that, Gonsalez would now recommend that Aubrey face the maximum punishment allowed under the law.
***
Not long after, the court recessed for the day. Nyela gathered up her PADDs and waited for the room to clear out.
"I need to go back to my office for a while to discuss strategy with my staff. Then you and I will need to meet later today. I’m putting you on the stand tomorrow, so we’ll need to prep."
Jason Aubrey responded with a barely perceptible nod of his head. He was a man in his late thirties, although anybody looking at him today would notice his years seemed a burden twice their weight. And despite his immaculately combed head of dark blond hair, piercing blue eyes and smart white dress uniform, she noticed he had none of the fire present since yesterday. Something was off about him…a maddening disharmony she couldn’t put her finger on.
He folded his hands on the table, while avoiding her eyes. "I'd like to thank you for trying so vigilantly to defend me." His English accent was as easy on the ears as always but lacked the energy that usually idled under the surface.
"It's my job." She said, then jostled his arm irritably. “Hey, this isn’t over yet. I need to know you’re still in this fight with me.”
“Yes. Sure.”
“Are you sure you’re sure? Because you sound like a guy who’s already given up. You weren’t like this yesterday. What’s going on?”
He roused his charm long enough to flick a half-smile at her. “I’m fine. Maybe I’m just weary of the battle. Exhausted from having to constantly fight…the Dominion, Starfleet, even my former crew. Just so tired of it all.”
She looped an arm around his shoulders and gave him a tender squeeze. “Go home and rest. I'll meet with you this afternoon when I get back from Somalia. Remember, don’t discuss the case once you’re outside. The media’s been salivating to get the details on this trial. Your voice could be picked up by a drone---and as you know, those damn things are too small to see with the naked eye.”
"Don't worry, I'm pretty much done talking these days."
"Unless I say so," She quipped, missing the significance of his comment.
As they walked out of the courtroom, two Starfleet security guards took up positions on both sides of the captain, escorting him down the hallway.
She began to push through the crowd of myriad court officers and Starfleet personnel that filled the hallway, her client and his two guards right behind her.
Stepping closer, Aubrey said, "Nyela, thank you again for everything you tried to do. Please remember that none of this was your fault."
She scowled, no longer just concerned, but fully pissed off by his defeatist tone. She turned to tell him to put a sock in it---that she expected him to show up for his own defense. She would further remind him that he was a Starfleet captain, that he was the man who had brought his ship and crew through countless battles and adversities. He needed to fight every bit as hard now as he ever had before.
As it turned out, she got the chance to say none of those things.
Life and death situations often play out in a matter of seconds. Yet, what occurs can often seem to take much longer, events unfolding like a bad dream, each scene crawling forward in agonizing detail.
In this case, what transpired took barely a minute. Later, her mind would neatly organize events into the following chronology:
One: Nyela turns to see Aubrey inexplicably struggling with one of the security guards. She is dumbstruck. The scene appears to make no sense.
Two: Aubrey clobbers the guard with a back fist strike to his temple. The guard collapses.
Three: People gasp in surprise. The second security officer yells, "Freeze!" He then immediately fires on the captain.
Four: The beam hits Aubrey's lower abdomen. He grunts, then makes a clumsy attempt to return fire with the weapon he had appropriated from the first security guard. He misses. The second guard shoots him again and Aubrey falls to his knees but remains conscious.
Five: Aubrey fires back, hitting guard number two, who bounces into the wall behind him, before slumping to the floor unconscious.
Six: The captain shoves his phaser into his chest, simultaneously increasing the power setting to maximum.
Seven: Nyela starts forward but trips over someone whose legs tangle with her own in the commotion. She hits the ground butt-first, while trying to think of something, anything to say that might stop what is about to happen next. She is an attorney, and glib dialogue is second nature to her. But nothing comes. For the first time, oratory fails her.
Eight: Aubrey activates the phaser and is instantly awash in a hellish light. All too quickly, the light dissolves away, taking him with it. A very faint aroma of charred flesh is left behind.
Shouts. Chaos. People crying out in alarm and confusion.
Through it all, as the sea of turmoil ebbs and flows around her, Nyela Sharif can only sit and stare at the empty space that seconds ago had held her client, a human being---a decorated Starfleet officer.
It is a very long time before she regains her feet or her wits.
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Given that a crew I know bumps into Aubrey later in the decade, I'm going to go out on a limb and guess that all isn't as it seems here. 
