Host ADM_DHeth says:
<<<<Begin Mission (impossible)>>>>>>

CEO_Reed says:
::sitting uncomfortably in this terribly ugly dress uniform::

XO_Hart says:
::standing waiting for the proceedings to continue in the Witness Stand::

DrHolland says:
:: decides to go sit next to his new MO::

OPS_Regin says:
::sees that the CO isn't in the room, has to take over for the defense::

CmdrRomel says:
::stands, adjusting his tunic.......::  Hart:  please state your name, rank and current billet

Cnslr_Ian says:
::trying to think back to the sickbay::

MO_Haley says:
::feeling nervous::

FCO_Kuroc says:
:: Sitting and watching ::

XO_Hart says:
Romel:: Sir - as I stated for the record earlier, I am Naomi Hart, Lt. Cmdr, Executive Officer of the USS Scimitar

CmdrRomel says:
Hart:  On the date in question, you did order the removal of the device.  Under what grounds did you do so?

XO_Hart says:
Romel: I did so order - the device had been fitted without the knowledge or consent of the ship's doctors ... and the CO was seriously ill before the device was fitted

CTOGuilln says:
::feels incomfortable in the chair... or maybe is the situation::

CmdrRomel says:
Hart:  Did you clear the proceedure with Starfleet Medical?

CmdrRomel says:
::picks up a PADD::

Cnslr_Ian says:
::closes eyes to concentrate more on thinking while still listening to what is going on::

XO_Hart says:
Romel: Sir - as far as I was aware Starfleet Medical had not ordered it to be fitted - so no I did not clear the removal

CmdrRomel says:
XO:  For clarification, you DID NOT verify the orders with Starfleet Medical before you removed the device?

OPS_Regin says:
Objection, Repetitious

CmdrRomel says:
Your Honor:  the witness did not answer the question.

MO_Haley says:
::Hopes that the trial will work out okay::

Host ADM_DHeth says:
Hart: You will answer the question

FCO_Kuroc says:
T

XO_Hart says:
Romel:: As I said - I did not specifically clear the removal with Starfleet Medical

OPS_Regin says:
::thinksL darn::

CmdrRomel says:
Your Honor: permission to approach the witness

CmdrRomel says:
::activates the PADD and pushes a few quick buttons::

CEO_Reed says:
::watches as the prosecution just verifies what we already knew...I hate trials...::

Host ADM_DHeth says:
Romel: On what grounds?

XO_Hart says:
::wonders where this is going::

CmdrRomel says:
Your Honor:  So that LtCmdr Hart may read this document,  listed as Prosecutions Evidence 1

Cnslr_Ian says:
::then thinks back to the anolaly ::

Host ADM_DHeth says:
Romel: Show me first please....

DrHolland says:
:: turns to MO Haley and whispers:: MO: Hi, I'm Simon Holland, your new CMO

Cnslr_Ian says:
::opens eyes::

CmdrRomel says:
::steps Forward with the PADD, and hands it to the Judge::

Host ADM_DHeth says:
::looks at PADD...and nods::

OPS_Regin says:
::calls up the document on his padd::

MO_Haley says:
DrHolland:::whispers::Hi.

OPS_Regin says:
::reads it over::

XO_Hart says:
::waits patiently::

CTOGuilln says:
::what the hell is that evidence????::

CmdrRomel says:
Your Honor:  Thank you......::hands the PADD to the XO::

XO_Hart says:
::takes the PADD and reads::

CmdrRomel says:
XO:  Are these orders from Starfleet Medical Headquarters, Paris?

XO_Hart says:
Romel:  They appear to be ... but I would need verification

OPS_Regin says:
Objection.  Cmdr Hart was never given access to these orders before the device was fitted

Host ADM_DHeth says:
Regin: Noted....

CmdrRomel says:
Your Honor:  these orders have been on record to any officers of Commander Hart's rank and position.

Cnslr_Ian says:
::thoughs start to drift off to twins a the starbase with a friend::

CmdrRomel says:
Your Honor:  She could have verified these orders at any time...before the proceedure

Cnslr_Ian says:
::snaps back to trial::

Host ADM_DHeth says:
Romel: I see...

XO_Hart says:
::thinks Romel never had to run a ship with the CO acting crazy and Terron aboard::

OPS_Regin says:
Your Honor: Cmdr Hart was not given a chance to read the orders before the device was fitted.  She didn't have the time

Cnslr_Ian says:
::looks down and smiles::

Host ADM_DHeth says:
Hart: Is this true?

CmdrRomel says:
Your Honor:  But, she acted in direct violation of posted orders.  Before she authorized the proceedure, she could have verified their authenticity

XO_Hart says:
D'Heth:: Sir - I am aware of Starfleet Medical standing orders of course ... but the device was fitted to the CO without the concurrence of the CMO

Host ADM_DHeth says:
::looks at McDowell entering the courtroom::

OPS_Regin says:
Your Honor: Authorized?  She never authorized the procedure

Cpt_McD says:
::comes storming into the room, a PADD in hand::

XO_Hart says:
D'Heth:: Sir - Starfleet Medical had no details of the CO's illness

DrHolland says:
::whispers:: MO: What do you think? If I'm right orders from Starfleet med always have to be confirmed by a senior medical officer.

Host ADM_DHeth says:
Hart: Is this on record?

OPS_Regin says:
::glad to see the CO arrive::

Cpt_McD says:
DHeth: Your honor I would like to enter into the records a new piece of evidence.

CmdrRomel says:
::raises an eyebrow::

XO_Hart says:
::looks puzzled:: D'Heth: Please clarify Sir

Cpt_McD says:
::takes his seat:: Regin: Fill me in. I've been busy

Host ADM_DHeth says:
McD: In a moment Captain

Host ADM_DHeth says:
Hart: Is it on record that SF Med had no knowledge of the CO's illness at that time

CTOGuilln says:
::thinks.."well we have the Cpt. right here... two defense "lawyers".. that´s two for Chris, one for the prosecution"::

OPS_Regin says:
::Your Honor, I'd like a moment to get Capt McDowell up to date

XO_Hart says:
D'Heth: I believe so .. but the CMO could answer for certain

CmdrRomel says:
Your Honor:  The Discovery period has passed, if any new evidence was found

Host ADM_DHeth says:
::bangs little gong:: 5 minute recess

Host ADM_DHeth says:
<Baliff> All rise

CEO_Reed says:
::stands::

XO_Hart says:
::already standing::

Cpt_McD says:
::takes a stand (har har)::

CmdrRomel says:
::takes the PADD back from the XO and stands, waiting for the Judge to leave::

MO_Haley says:
::gets up::

DrHolland says:
:: stands up::

OPS_Regin says:
::already standing::

Cnslr_Ian says:
:: stands thinking the gone is loud::

Host ADM_DHeth says:
::exits to chambers::

CTOGuilln says:
::stands::

XO_Hart says:
::sits - with or without permission::

OPS_Regin says:
::sits down, and begins to tell the CO what had happened::

CmdrRomel says:
:;walks around to his desk, tossing his padd down and sipping on some tea::

Cpt_McD says:
::gives a glare to Rommel:: Rommel: So what's the matter Commander with a little new evidence you should've known about anyway?

CEO_Reed says:
::doesn't think these dress uniforms are any more comfortible when standing, either::

Cnslr_Ian says:
::continues to stand, thinking::

XO_Hart says:
::wonders if the Bailiff could get her a glass of water - decides not to ask::

CmdrRomel says:
::raises an Eyebrow::  Captain:  There is something called "Discovery & Full Disclosure".  Any information uncovered is, by law, to be shared with both sides.  Keeps a level playing field

CEO_Reed says:
::wonders if it would be possible to get a glass of water; motions a nearby officer::

Cnslr_Ian says:
::walks over to Holland and Haley::

CmdrRomel says:
Captain:  Anything less, and justice would not be done

CmdrRomel says:
::goes back to his tea::

Cpt_McD says:
::looks over:: Rommel: Oh I know. You should have a copy of it anyway. Don't tell me you've lost evidence.

Cnslr_Ian says:
Holland:::whispers:: Simon, when you and Skyler operated, did you find anything?

CEO_Reed says:
<Officer>  Reed: What is it?

CmdrRomel says:
Captain:  If we are talking about the orders from Starfleet Medical and Starfleet Intel.  Of course.

CEO_Reed says:
Officer:  The air in here is quite dry, could I get a glass of water?

Cpt_McD says:
Rommel: Well then...I fail to see why you're groaning at me

CmdrRomel says:
Captain:  but, any others, shoudl have been brought to me during the discovery phaser

CmdrRomel says:
<phaser = phase>

CEO_Reed says:
<Officer> ::looks annoyed::  One moment.

Host ADM_DHeth says:
<Baliff> ::points at replicator::

XO_Hart says:
::sits totally still - tired, puzzled and thirsty::

Cpt_McD says:
Rommel: Being a JAG, I'm sure you do realize that other evidence can come up AFTER the Discovery Phase, true?

CEO_Reed says:
<Officer>  ::brings back a very small glass of water::

CEO_Reed says:
Officer:  Uhh...Thanks...

CEO_Reed says:
::sits down and enjoys his sip of water::

Host ADM_DHeth says:
::opens door::

CmdrRomel says:
McD:  Of course, and you should know that this evidence MUST be shared to avoid a mistrial

Host ADM_DHeth says:
<Baliff> All rise

XO_Hart says:
::stands::

CmdrRomel says:
:;stands::

CEO_Reed says:
::thinks:  grr!;  stands::

DrHolland says:
Cnslr: We had found some brain tissue that was out of sinc with our time

MO_Haley says:
::stands::

Host ADM_DHeth says:
::sits::

Cpt_McD says:
::stands::: Rommel: Oh I know...The question is, do you know?

CTOGuilln says:
::still standing::

Cnslr_Ian says:
Simon: thank you

CmdrRomel says:
::thinks the Captain needs a sedative::

DrHolland says:
::stands::

Host ADM_DHeth says:
McD: Are you ready to continue?

Cnslr_Ian says:
::still standing walks back to seat::

Cpt_McD says:
DHeth: I am, Your Honor.

Cnslr_Ian says:
::sits back down::

Host ADM_DHeth says:
Mcd: I believe Romel was presenting evidence

Cpt_McD says:
DHeth: But, I'll let Mr. Rommel finish, to be good-natured.

OPS_Regin says:
::hopes he did a good enough job::

MO_Haley says:
:::sits-finally::

Cpt_McD says:
::looks over at Regin:: You did fine...Now comes the fireworks

XO_Hart says:
::waits for whatever::

CmdrRomel says:
Hart:  You removed the device, despite the standing orders from Starfleet medical?

Cnslr_Ian says:
::thinks: Doran stop pulling your sisters hair::

DrHolland says:
:: sits again::

CmdrRomel says:
::picks up the PADD again::

CEO_Reed says:
::thinks Hart has a rather peculiar attitude about all this::

OPS_Regin says:
::would object again, if the CO weren't there::

XO_Hart says:
Romel:: I ordered the device removed - Starfleet Medical did not instal it - a nurse did in the absence of qualified medical personnel

CmdrRomel says:
Hart:  So, in your opinion, a Nurse is not "qualified medical personnel"?

Cpt_McD says:
::takes in everything before he starts belting objections::

CEO_Reed says:
::knew that was the next question to be asked::

XO_Hart says:
Romel:: Sir  a Nurse is not, in my opinion, qualified to administer intrusive surgery in the absence of a Doctor

Cpt_McD says:
Objection!

CmdrRomel says:
Withdrawn

CmdrRomel says:
Your Honor:  May I approach the witness?

Host ADM_DHeth says:
::makes a note::

Host ADM_DHeth says:
Romel: You may

Cpt_McD says:
::gives ANOTHER stone-cold glare... approaching the witness...::

CEO_Reed says:
::would rather be hand-cleaning the transporter buffers, than be here::

CTOGuilln says:
pass

CmdrRomel says:
Hart:  ::punches a key on the PADD::  I am handing to you now, Prosecutions Evidence #2, it is an order from Starfleet Command.

XO_Hart says:
::takes PADD and reads it::

Cpt_McD says:
::brings up the order on his own terminal::

Host ADM_DHeth says:
::looks at his own copy::

CmdrRomel says:
Hart:  Could you please tell the court what this Standing Order from Starfleet Intel states?

OPS_Regin says:
::looks at the order on his padd::

CTOGuilln says:
::another "secret" evidence::

XO_Hart says:
Romel:: That the device should be fitted regardless of medical issues .... Sir: I have not seen this before!

CEO_Reed says:
::wonders what this is accomplishing::

CmdrRomel says:
Hart:  Could that be because you did not verify the orders?

XO_Hart says:
Romel: And had I seen it I would have verified it

CmdrRomel says:
Hart:  Did you verify the orders....yes, or no...Commander

Host ADM_DHeth says:
Hart: Answer the question

XO_Hart says:
Romel:: Had I seen them I would have verified them - I did not see these orders before the device was fitted

CmdrRomel says:
Hart:  Thank you.....
Your Honor:  No more questions

CmdrRomel says:
::takes the padd back and sits down::

XO_Hart says:
Romel:: So I did not verify what I had not seen

OPS_Regin says:
::lowers his head a bit::

CmdrRomel says:
Hart:  Ignnorance is not an excuse for violating a direct order

Host ADM_DHeth says:
The witnesses last comment is to be stricken

Cpt_McD says:
Objection!

Host ADM_DHeth says:
::looks at McD::

XO_Hart says:
D'Heth:: Sir - how could I verify a non-existent order? Sir?

Host ADM_DHeth says:
Hart: The order existed

CmdrRomel says:
::stands::  Objection

Host ADM_DHeth says:
::looks at Romel::

CmdrRomel says:
:;sits::

Cpt_McD says:
Rommel: Mr. Rommel, do you feel it is required to make blatant slanders at your witnesses?

Host ADM_DHeth says:
::bangs Gong::

Host ADM_DHeth says:
::twice::

CEO_Reed says:
::covers ears::

Host ADM_DHeth says:
All: This courtroom will come to order.  These proceedings will be conducted civily

CmdrRomel says:
::looks on at the Judge::

Cnslr_Ian says:
::cringes::

Host ADM_DHeth says:
McD: It is your witness

Cpt_McD says:
DHeth: Thank you.

XO_Hart says:
::recovers composure - resents the 'it' from the Admiral::

Cpt_McD says:
XO: Mr. Hart...Can you tell me the EXACT time that the device was fitted onto me?

XO_Hart says:
CO: Sir - I would need to refer  to the sickbay records ... I was not present

CmdrRomel says:
:::listens, appearing to be bored::

Cpt_McD says:
DHeth: Your Honor, may I link to the Scimitar Medical Database to provide this? ::looks to Rommel:: You WILL get a copy, Commander.

CmdrRomel says:
Objection:  I did not have this evidence before these proceedings

Host ADM_DHeth says:
McD: The Medical Database records will be entered in as evidence

Host ADM_DHeth says:
Romel: You had access to the evidence...if you didn't access it....

Host ADM_DHeth says:
::raises eyebrow::

CmdrRomel says:
::sits down::

CmdrRomel says:
::starts reading the information::

Cpt_McD says:
DHeth: Thank you.

Cpt_McD says:
::makes the link, brings on the info::

Cpt_McD says:
Hart: Now...Can you answer the question please?

XO_Hart says:
::reads the time from the PADD out loud::

XO_Hart says:
CO:: Applied 0942 hours

Host ADM_DHeth says:
::watches impassively::

Cpt_McD says:
::grabs another PADD:: Hart: And what time did the standing order from SF Intel arrive?

XO_Hart says:
CO:: Applied 0958 Sir

Cnslr_Ian says:
::thinks how much she misses Romulus::

CmdrRomel says:
Objection:  leading

Host ADM_DHeth says:
Romel: Denied

Cpt_McD says:
DHeth: I am getting somewhere Admiral. Let me continue. You let the Cmdr continue.

CmdrRomel says:
:;sits::

Host ADM_DHeth says:
McD: Continue

Cpt_McD says:
Hart: So, Commander, the order from SF Intel was not received until 16 minutes AFTER the device was fitted?

XO_Hart says:
CO:: Sir - so the record shows

CmdrRomel says:
Objection:  We have already verified that Commander Hart NEVER checked for any orders, let alone orders from Starfleet Intel or Starfleet Medical

Host ADM_DHeth says:
Romel: Sustained.

Cpt_McD says:
DHeth: Ah, but it's not the XO's job to check for orders, now is it? It's the Operations Officer's job.

Cpt_McD says:
DHeth: As it came, I had no true Operations Officer at the time.

CmdrRomel says:
Your Honor:  As the commanding officer of the ship, it is her responsibility to verify any orders, especially in the event of the Captain being incapacitated

Cpt_McD says:
DHeth: The only one on duty at the time was a CPO.

Host ADM_DHeth says:
All: I will consider this evidence

Cpt_McD says:
::getting fueled up:: DHeth: What I'm getting at Admiral is that she NEVER GOT THE ORDERS IN THE FIRST PLACE!

Cpt_McD says:
DHeth: No orders to confirm...No orders to disobey...NO CRIME YOUR HONOR!

CmdrRomel says:
::thinks McDowell needs to be censured for those outbursts......bordering on contempt::

XO_Hart says:
::still impassive::

CmdrRomel says:
Your Honor:  If Commander Hart had attempted to verify these orders, these proceedings would be moot

Cpt_McD says:
::turns back:: XO: Mr. Hart, did you receive any orders?

Host ADM_DHeth says:
McD: The emotion level of your address will not add to the impact of the evidence

Cnslr_Ian says:
::looks down ar floor and smiles::

XO_Hart says:
CO: I have seen the orders from Starfleet Medical for the first time today

Cpt_McD says:
DHeth: Excuse the emotions then, Your Honor.

Cpt_McD says:
Hart: Were you ever notified, by any department, of the orders being received on the Scimitar?

OPS_Regin says:
::is glad this isn't a Cardassian court, Hart would already be convicted::

XO_Hart says:
CO: No Scimitar officer told me of orders being received at that time

CmdrRomel says:
Objection

Host ADM_DHeth says:
::looks at Romel::

Cpt_McD says:
::turns back, steely-eyed, at Rommel::

CmdrRomel says:
Cmdr Hart has said no officers were present to recieve orders....a Chief Petty Officer lacks the capacity and clearence to get orders of this magnitude

Cnslr_Ian says:
::looks back up::

Cpt_McD says:
DHeth: May I elaborate, Your Honor?

Host ADM_DHeth says:
Mcd: Go on

Cpt_McD says:
DHeth: Going on, Your Honor, on the Commander's statement: If a CPO could not have enough authority to get the order, then the Scimitar would've never gotten the order in the first place.

Cpt_McD says:
Rommel: Commander, you're contradicting yourself.

FCO_Kuroc says:
:: Thinks :: If I need a lawyer, it will be the Captain :-)

CmdrRomel says:
Your Honor:  This whole line of questioning is irrelevant......had the XO, being the ranking officer, checked orders, these proceedings would be moot.  I ask that this entire line of questioning be stricken from the record with the courts deepest aplogioes

CEO_Reed says:
::wonders what material these ugly uniforms are made out of...polyester?::

Cpt_McD says:
Rommel: But Commander, is it the XO's duty to check for orders???

MO_Haley says:
::wonders how sickbay will look::

CmdrRomel says:
Captain:  In place of the Captain.....yes

CmdrRomel says:
Captain:  As the sole officer with the capacity...yes

CmdrRomel says:
Captain:  As the only officer on the ship who could have done so.....yes

XO_Hart says:
::getting heartily sick of the wrangling - wishes for it to be over one way or the other::

Cnslr_Ian says:
:;wants it to end so she can talk to the captain and the Commander is cleared::

CmdrRomel says:
Your Honor:  With no OPS officer, it is the duty of the XO to verify all orders....to adivse the CO

DrHolland says:
:: Starts thinking of ways to avoid these kind of things in the future ::

CmdrRomel says:
Your Honor:  With the CO incapacitated, the duty of verifying and acting on orders falls on the XO

OPS_Regin says:
::wishes he'd been at OPS to receive the message, then this wouldn't be happening!::

Host ADM_DHeth says:
::bangs gong::

CmdrRomel says:
::stands, silent, his voice never raising above a calm tone::

Cpt_McD says:
::sits back down:: I'm closing, on circumstantial objections.

XO_Hart says:
::waits for the heavens to open::

Host ADM_DHeth says:
All: These last few statements have the whole lines of questioning going circular...I will consider all evidence....reconvene in.....20 mins

Host ADM_DHeth says:
ACTION: 19 mins later the crew are reassembled in the court room

Host ADM_DHeth says:
<Baliff> All Rise

CEO_Reed says:
::blink, blink::

Cnslr_Ian says:
::stands::

Cpt_McD says:
::sitting at the defense desk, sipping coffee (decaf), back to calm state::

CEO_Reed says:
::stands::

Cpt_McD says:
::stands, gulping the last drop::

OPS_Regin says:
::stands next to the CO::

Host ADM_DHeth says:
::walks in::

XO_Hart says:
::still standing - wearily::

Host ADM_DHeth says:
::sits::

CmdrRomel says:
::stands, hands clasped behind his back::

MO_Haley says:
::Gets up-again

DrHolland says:
::quickly stands::

FCO_Kuroc says:
:: Thinks, even decaf is to strong for our captain :-) >::

FCO_Kuroc says:
:: Stands

Cnslr_Ian says:
::sits back down::

FCO_Kuroc says:
:: Down Again ::

DrHolland says:
:: sits back down again ::

MO_Haley says:
::sits down::

CEO_Reed says:
::ponders the point of sit, stand, sit, stand, sit, etc.::

Cpt_McD says:
::stays standing, as per trial regulations::

Host ADM_DHeth says:
All: I have considered the evidence in this case.  Regardless of intent orders are indeed orders.  If they were not to be followed regardless of when they were presented then the whole Federation would break down

Host ADM_DHeth says:
All: However.....

Cpt_McD says:
::almost speaks, but waits::

Host ADM_DHeth says:
All: I have found these orders in error....a sign of a good officer is to know when orders are in error and to take that stand

Cpt_McD says:
::face crumples, confused...immediately picks up his PADD::

Host ADM_DHeth says:
All: I find Lt. Commander Hart not guilty....::bangs gong::

CmdrRomel says:
::nods, picking up his padds::

Cnslr_Ian says:
::smiles::

CEO_Reed says:
::breaths a sigh of relief::

OPS_Regin says:
::Wants to shout in joy, but holds it in, and smiles::

XO_Hart says:
::does not believe she is hearing this::

FCO_Kuroc says:
:: Yeah ::

Host ADM_DHeth says:
<Baliff> All stand

Cnslr_Ian says:
::stands::

FCO_Kuroc says:
::Rises ::

Host ADM_DHeth says:
::exits::

Cpt_McD says:
::gives a somewhat surprised face, looks over to Rommel with a "nice job" smile::

DrHolland says:
:: Thinks all that is well ends well, and stands::

CEO_Reed says:
::thinks: sit, stand, sit, stand::

XO_Hart says:
::sits down heavily ..... very tired .... no energy even to smile::

Cnslr_Ian says:
::walks over to the captain::

CmdrRomel says:
Captain:  I had a thin case, standing on two questionable orders......I am surprised things lasted this long......Congrats Captain....just watch that tone of voice with other judges...anyone else and you would have been in the brig for contempt

CmdrRomel says:
::smiles and heads out the double doors of the courtroom::

Host ADM_DHeth says:
<<<<<<<<end Mission>>>>>>>>>>>>>

Cpt_McD says:
::says to himself "I'm a powerful speaker...what's so bad about htat?"::

Host ADM_DHeth says:
<<<<<<<<end Mission>>>>>>>>>>>>>

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