Getting Kodos associated with the killing of the 4,000 colonists is a no-brainer: Kirk makes Karidian read a bit of text that he says can be compared to Kodos' voiceprint - and it turns out that the text contains Kodos' full confession. Karidian furthermore knows the text by rote, indicating it's a genuine piece of Kodos' posturing.
It is very difficult to argue, then, that Starfleet would not have Kodos' full confession on file, in his own voice.Timo Saloniemi
You are assuming that the recording of the voice of Kodos that is on file is the voice of Kodos sentencing a batch of victims to death. But possibly the recording of the voice of Kodos that is on file is the voice of Kodos making a victory speech saying that his group had taken control of Tarsus IV and that he was the new governor, "Kodos the Kind".

Since it is uncertain how long Kodos ruled Tarsus IV using the name of Kodos, and little is known of his leadership style except for the massacres, it is uncertain how many public speeches Kodos made, without mentioning the massacres, that were recorded.
Why Kodos/Karidian is untouchable does not depend on lack of physical evidence at all, it seems. Three lines of speculation all apply:
1) Kirk could make Karidian burn, but is too good a man to do that.
2) Kirk cannot legally prove that Karidian is Kodos, even though he could make Kodos burn.
3) Kirk cannot even make Kodos burn, because
3.1) of a legal technicality
3.2) what Kodos did was not punishable in the first place, not by Kirk's organization at any rate
3.3) what Kodos did is punishable but only by the now customary mental conditioning, after which Karidian would walk - and the old-fashioned Kirk cannot bear the thought of the killer of those 4,000 (perhaps including his parents?) soon being innocent in the face of law
Kirk's line "If I had gotten everything I wanted, you might not walk out of this room alive" does not appear to concern the legal aspects of the issue at all - Kirk killing Karidian in his quarters is unlikely to be an action he could legally perform once proving that Karidian is Kodos! So we cannot consider anything Kirk did in Karidian's room to be directly relevant to the legal process. It's more like Kirk wanted to meet a monster he could kill (and then retire to one of 'em penal colonies for a week or two), but only met a confused former monster he didn't have the heart to kill after all.
Timo Saloniemi
It does seem like Kirk might have murdered Kodos/Karidian then and there if he got what he expected.
Timo said:
Kirk's parents were not mentioned at all, but there was some emphasis on Kirk having been very young at the time.
We never got a clear picture of what this youth meant in practice. Had all other witnesses but the nine kids died of old age? Probably not - the nine already included several people now dead. So if Kirk was part of a relief force (a cadet or an army brat, considering), why was this youngster a witness when the supposed adults accompanying him were not?
Of the nine witnesses, two (Kirk and Leighton) are in their thirties or forties, and one (Riley) is a tad younger. Perhaps some of the unseen others were older. But what could nine people see that 4,000 survivors did not? Did a landing party of just nine (including at least three kids) gun down the cohorts that had managed to kill 4,000, while nobody else participated in the relief and therefore did not see anything?
About Kirk's age. In "The deadly Years" in the 2nd season Kirk says he his 34 years old. So if the Tarsus IV disaster was 20 years before the first season, emphasizing Kirk's youth when he was on Tarsus IV would be consistent.
We know that Kirk's father, whether on Tarsus IV or not, survived to see Kirk become captain of the Enterprise a few years before this episode, according to future Spock in Star Trek (2009).
This script dialog that was cut from the episode establishes Kirk's status on Tarsus IV:
MARTHA
It was different for you, Jim.
A young midshipman, no family there...
KIRK
I know. Tom's parents were
there, two brothers...
And:
KIRK
Now yes... but what about before?
Fresh out of the Academy. Young,
inexperienced, a midshipman...
stationed on a colony which was
disintegrating before my eyes!
Starvation! Rioting! Disaster!
I saw men, women and children
forced into an anti-matter chamber
... and a self-appointed messiah
named Kodos threw a switch, and
there wasn't anyone inside anymore!
Four thousand people! Dead!
(distraught)
And you know something funny? I was one
of those Kodos spared! He ordered me left alive!
I was one of the fittest!
(incredulous)
And you want me to forget that?
I'm sorry, doctor. I'm a human
being... and there are some things
human beings simply do not forget.
http://www.orionpressfanzines.com/articles/conscience_of_the_king.htm
Since those lines were omitted from the final script it is uncertain if they are canon. The reason for omitting them may be that they make Kirk a midshipman in his early teens according to his established age. But then there was Midshipman Peter Preston in WOK, played by 19-year-old Ike Eisenmann but looking younger. The script and the novelization describe Preston as 14.
Thus there is a slight possibility that Kirk (and maybe Leighton also) was a midshipman in his early teens, and perhaps was part of some scientific survey on Tarsus IV, and graduated and was commissioned, and then was later forced to reenter Starfleet Academy and take the courses again because of new laws about the mininmum age.
As for Riley:
RILEY: He murdered my father, and my mother.
KIRK: You could be wrong. Don't throw away your life on a mistake.
RILEY: I'm not wrong.
KARIDIAN: But that I am forbid to tell the secrets of my prison house,
RILEY: I know that voice, that face, I know it. I saw it. He murdered them.
http://www.chakoteya.net/StarTrek/13.htm
So Kirk and Leighton might have been on Tarsus IV when the famine started and were rescued in the nick of time, or else beamed down as very young members of the relief party and helped overthrow Kodos. Riley seems to have been living on Tarsus IV with his family but may have had better genes than his parents in Kodos's opinion, or else was scheduled to die in a later batch but was rescued.
Timo said:
I prefer to assume that while everybody knew Kodos' face and his deeds, a couple of kids had innocuously witnessed something private about Kodos in circumstances where Kodos did not consider kids a threat (thus not the circumstances where he was ruling the colony and executing his perceived enemies and/or random folks!). A revealing bit about the identity of the man who named himself Kodos might fit the bill. Perhaps a bit the kids were unwilling to share because they thought it compromising of something they valued?
But let's go back to the roots. Leighton says "there were only eight or nine of us who actually saw Kodos. If he's to be exposed-".
- Who were "us"? (Colonists?)
- Why the uncertainty about numbers? (Was there a special occasion involved, one where Leighton only managed to make an approximate head count? "8 or 9" is very specific, as opposed to "a dozen"...)
- What does seeing Kodos mean, in a world where his photograph is part of the public record? (Seeing him doing something? Being something? Something better left unmentioned even in the original debriefing?)
- What is to be exposed? (Something that was not exposed originally? Something that should not be exposed even now? Leighton does say "if"!)
The conspiracy theorist in me really wants to say that the man who became Kodos was a family friend and/or a Starfleet officer...
So what would the witnesses have seen? Kodos without his fake beard? That Soylent Green was people? (Yuck! But better perhaps than wasting the bodies. I guess they might not want to reveal to the other 4,000 colonists what had kept them alive).
Leighton does say:
LEIGHTON: Jim, Jim, I need your help. There were only eight or nine of us who actually saw Kodos. I was one, you were another. If he's to be exposed,
The computer gives a list of witnesses:
COMPUTER: Data being received. Kodos file of all survivors. There are nine actual eye witnesses who can identify Kodos.
And Spock says:
SPOCK: He'd better. There were nine eye witnesses who survived the massacre, who'd actually seen Kodos with their own eyes. Jim Kirk was one of them. With the exception of Riley and Captain Kirk, every other eye witness is dead. And my library computer shows that wherever they were, on Earth, on a colony, or aboard ship, the Karidian Company of Players was somewhere near when they died.
Spock says the nine eye witnesses survived the massacre, indicating that they saw Kodos exterminate earlier batches, and were about to be killed themselves when rescue arrived. Or maybe some of them were in the Starfleet relief force that overthrew Kodos, and some of them saw the last part of the massacre and survived the fierce fight with Kodos's men where many starfleet men might have been killed.
Note that whether it was the birth name or not, he used the name of Kodos on Tarsus IV, and Karidian afterwards. Who used a lot of names starting with K? Klingons. Maybe Kodos chose K because he was a Klingon spy, or a human working for the Klingons.
Timo said:
The conspiracy theorist in me really wants to say that the man who became Kodos was a family friend and/or a Starfleet officer...
So maybe Kodos was a family friend and/or a Starfleet officer who may have had a surname starting with K. Maybe a surname of Kirk?
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