Disclaimer: Star Trek Voyager, The Next Generation, Deep Space Nine, and their characters are the property of Paramount. No copyright infringement is intended.

Story Notes: Fourth in the "Homeward Bound" series, following " Uniform." It is recommended you read them in order. For those who are unfamiliar with the expression, semper fi, the motto of the U.S. Marines, means "always faithful."

Thanks to m.c. moose for her usual terrific beta-reading.

Time Frame: Begins two months after the events of "Uniform."
 
 

SEMPER FI



The small white sphere soared up into the air, gleaming as it flew. It rose high above the manicured green field and then vanished beyond the point where the small blue lake shone in the sun.

"Good one, Owen!" Jack Hayes looked at his fellow admiral in undisguised appreciation. "That was quite an impressive shot."

Owen Paris waved away the other's words, his eyes intent on the small tricorder in his hands. He frowned as he manipulated the controls, and then his features relaxed. "Two point seven meters away from the hole. Now you can congratulate me."

Hayes smiled. "Your game has definitely improved lately." He watched as Paris was about to replace the sleek duranium driver in the bag and held out his hand. "May I?" Paris passed it over to him without a word. Hayes hefted it, took a practice swing, and ran his thumb over the smooth surface before returning it. "Nice. New set?"

Paris nodded. "A birthday present from my wife."

"Hinting at retirement?"

Paris snorted. "She knows me better than that."

"It's not such a farfetched idea, you know," Hayes observed quietly.

"Meaning?"

"Now that Voyager's returned, Pathfinder is being scaled back. And I'd think you'd want to spend more time with your family, especially with your son home."

"Pathfinder isn't the only project I'm involved in," Paris said evenly. "And as far as my son is concerned, the two of us weren't close for a number of years before Voyager's disappearance. Bridging that gap is going to take some doing, regardless of whether I'm retired or not." He gave Hayes a speculative glance. "Besides, unless I'm much mistaken, events at HQ in the next few months will require my active participation." He slung the bag over his shoulder, adjusted his cap, and went to the nearby air-cart.

Hayes stood for a moment, frowning, and then followed Paris.


Lieutenant Douglas rose quickly when the door opened to reveal his commanding officer. "Admiral Hayes, I've got the report here on--"

Hayes cut him off abruptly. "Later, Douglas. Any calls?"

"Admiral Cobum, sir. And---"

"Anything from the Ministry of Justice?"

"Not since this morning, sir. But--" Douglas halted in frustration as Hayes swept by him and went into the next room. Addressing the closed door, he finished, "Admirals Necheyev and Ross are waiting in your office."

What his aide hadn't had a chance to tell him became apparent to Hayes as soon as he stepped inside. "Bill, Allyna. Would you like some coffee?"

Necheyev shook her head. Ross gestured at the cup near his elbow. "Hope you don't mind my making myself at home." He glanced meaningfully at the antique grandfather's clock in the corner. "But you are a bit late."

"Sorry to keep you waiting. It took a little longer than I expected."

"Sorry you had to come in on your 'day off'," Ross said, somewhat apologetically. Necheyev tsked impatiently but Ross caught Hayes' smile before he turned away. It was a well-known fact that anyone on the General Staff, let alone the Head of Fleet Operations, did not have much in the way of free time. Although since his heart attack three years earlier, Hayes did try to get in a few hours of relaxation each week. Ross didn't understand what the man saw in golf, but that wasn't his concern. "Good game?"

Hayes grimaced. "Lousy. Paris beat the pants off me." He sat down behind his desk.

Necheyev smiled sourly. "Owen Paris is certainly sitting pretty these days, as neither his son nor daughter-in-law is a defendant in the upcoming Maquis trial."

"His son is understandable," Hayes said, a hint of irritation in his tone. Necheyev always did rub him the wrong way. Him, and everyone else, Ross thought. The woman's dedication to her duty was beyond reproach but she wasn't easy to get along with. "Thomas Paris was already serving a sentence in New Zealand when Janeway recruited him for the Badlands mission. His stint as an 'observer' was intended all along to be a quid pro quo for a positive recommendation at his next parole hearing. And he carried out his side of the bargain."

Ross nodded. "Regardless, his sentence was already up by the time Voyager returned. They didn't get him on much for his original conviction, you know."

"Please," Hayes said wearily. "He'd only been a Maquis for what, a few weeks before he was captured?"

"Plenty of time to do some real damage," Ross countered. "All it takes is one big mission, a raid or an assassination attempt."

Necheyev held up a hand. "But what about Torres? The word came this morning from Justice that she wasn't included among the final indictments."

"Diplomatic immunity," Hayes said shortly.

"Excuse me?"

"Torres is considered a Klingon national, and as a citizen of the Empire, the Klingons have requested her extradition. She's to be tried in their judicial system."

"That's a load of crap if I ever heard one," Necheyev said. "For starters, Torres grew up on Nessik, a Federation colony. Her father, a Terran, served in Starfleet. And she's married to a Federation citizen."

"But her mother is Klingon, and that's enough to establish dual citizenship under the law. Ambassador Worf has personally requested her extradition at the behest of Chancellor Martok." Hayes shook his head. "I don't pretend to understand why they're doing this."

"The Klingons don't give a damn about trying and convicting Torres for crimes committed while she was in the Maquis," Ross said. "This extradition is their way of showing their disapproval of our treatment of the Maquis, both before and during the Dominion War."

Necheyev pursed her lips in disapproval. "I somehow doubt Torres has anything to worry about. The Klingons have no lost love for the Maquis' victims. Remember how quick they were to turn on the Cardassians, even before Gul Dukat allied with the Dominion?"

"I wouldn't be surprised if the Klingons consider the Maquis actions to be honorable," Ross said. "One man's terrorist is another man's 'freedom fighter'." He shot a quick glance in Hayes' direction.

"There are probably many people in the Federation who agree with them," Hayes said.

"Are you one of them, Jack?" Necheyev's expression belied her mild tone.

Hayes looked away. "Officially, none of this has anything to do with us. The Maquis are being tried in the civilian court system."

Ross smiled briefly. "As we've declined to rule on Janeway's granting of field commissions until after the trials are over, we can't exactly claim jurisdiction."

Necheyev's comm badge chirped. With a wordless sound of apology, she withdrew to a corner of the office to respond.

Hayes leaned closer to Ross and said in a low voice. "We could call a vote and issue a ruling right now. You know as well as I do what the outcome would be."

"Maybe." Ross coughed. "Of course, delaying a ruling till after the Feds have had their day in court makes everything moot. Any personnel convicted of a crime are automatically discharged from service."

"You're so sure they're going down, Bill?" Hayes asked curiously. "There are a lot of factors in play."

"If you're referring to public opinion, the media storm hasn't been as bad as we feared. People get tired of the same story after a while."

"Ah, the fickleness of the public." Hayes said, shaking his head. "Still, it's not wise to try to take down heroes. And that's what the Voyager people are."

"We've been tracking the coverage since Voyager's return," Ross responded. "The spin lately has been about the ship's brave captain and crew. Emphasis on original crew. There's an underlying tone that yes, the Maquis pitched in, but out of self-interest. What were they going to do, sit in the brig for seventy years?"

"Maybe some of them should have." Both men jumped slightly as Necheyev took her seat once more. "For all of Janeway's public pronouncements about 'one big happy family', it wasn't all smooth sailing. Particularly the first couple of years."

"That's exactly the sort of thing I'm talking about," Ross said. "Seska, Suder, Jonas…all being used to good effect. Did you see the article last week about the murder Suder committed on board the ship?"

"Amazing, isn't it, how the press has been able to find out and publicize key details like that," observed Hayes dryly.

"Freedom of information," Necheyev said somewhat defensively. "A lot of material from the debriefing sessions of the Voyager senior staff and crew, not to mention ship's logs, are public access. Except for sensitive areas, of course."

"Of course." Hayes shifted in his seat. "The next few months are not going to be easy. Not by any stretch of the imagination."

"You'll get no argument there." Ross coughed again. "Still, I'm glad the pretrial maneuverings are more or less finished. Once Chakotay's trial gets underway…"

"That's just the beginning." Hayes got up and went to the replicator for some coffee and at Ross' nod, gave him a refill as well. Necheyev declined once more. "Leaving all that aside for the moment, there are some other issues we've got to deal with. Crew status?"

" Lewis Zimmerman petitioned the High Court for a certificate of Sentient Status for the Voyager EMH-Mark I," answered Ross, glad to move to safer topics. "The final ruling is expected midweek and should be in favor."

"The Data Precedent."

"Yes. That will add another field commission for us to deal with." Ross consulted a padd. "Permanent resident status has been provisionally granted to the Talaxian."

"Annika Hansen?"

"She's a Federation citizen from birth. No problems there."

"The other Borg?" asked Necheyev.

"I believe Hansen has begun proceedings for a formal adoption."

Hayes nodded. "All right. Status of Voyager vessel--in dry-dock now at McKinley. The engineering teams are still going over her, trying to compile a definitive list of modifications that were made. That has to be completed before we can even begin talking about upgrades."

"How soon will you be making a decision as to her duty status?" Necheyev asked Hayes. He was Head of Fleet Operations, but Voyager fell within her specific purview. It was on her orders that Voyager was dispatched to the Badlands all those years ago.

"Impossible to say at this point. The ship went for seven years without a complete overhaul and refit. I can't even imagine how they managed to keep it holding together for so long."

"'Chewing gum and baling wire'," Ross said. "That's the expression you're looking for. Of course, they were able to adapt a great many different alien technologies to their purpose."

"Torres is either a miracle worker or a genius. Not that it matters any more." Hayes sighed. "Is that it?"

"Almost. Voyager crew is on extended leave, pending reassignment."

"All of them?"

Ross hesitated, aware they were moving back to difficult subjects. "We're still working out the implications of the 'Equinox Five'."

Necheyev said, rather cuttingly, "It would appear that the other ship has been forgotten in all the excitement."

Hayes was about to reply when his comm unit signaled. "What is it, Douglas?" he snapped.

"Sorry to disturb you, sir, but Captain Janeway would like to speak with you again. She's rather insistent."

Hayes smiled tightly. "Right on schedule." He turned to his fellow admirals somewhat apologetically. "This won't take long."

Necheyev looked at Ross. "It seems Janeway has expanded her lobbying efforts on behalf of the Maquis cause." She rose abruptly. "I've got to get back to my office. Don't expect Hayes to come to a decision on the Equinox any time soon. He can only deal with the actions of one rogue captain at a time." She left without a backward glance.

Ross watched her go. He had no lost love for the Maquis himself, but Necheyev was taking a very hard line. He shook his head and downed what was left in his coffee cup.

True to his word, it wasn't very long before Hayes closed the channel and turned back toward Ross. "I see Necheyev left. Well, we're pretty much finished here anyway."

Ross shifted in his seat, preparatory to standing. He hadn't really been paying attention to Hayes' conversation with Voyager's captain, but some overheard phrases were troubling him. "Janeway's not very happy, I take it?"

Hayes sighed again. "You might say that." He ran his hand wearily over his face. "What a mess. I hope to hell we know what we're doing."


Janeway bent down and retied her shoe. It had worked its way open relatively early in her run. She straightened up partway, her hands on her knees, taking in quick gulps of air. It was cloudy and the wind was picking up. She rubbed her bare arms and then resumed running. It was too cool to remain in one place for very long; her gray Starfleet-issue T-shirt was already soaked in sweat and she didn't want to become chilled.

Jogging through the streets of San Francisco, it was easy to forget that it was almost May. She could have had a much more satisfactory run back in Indiana, where spring was in full bloom and the trees and gardens were a riot of color. And since she was officially on leave, there was nothing to prevent her from taking an extended vacation there or anywhere else for that matter. But she felt compelled to remain in San Francisco for the upcoming trial. Even though there was really nothing she could do to help, nothing to prevent the miscarriage of justice that was already happening.

Her feet pounded the pavement in rhythm. She was running along the Embarcadero, heading toward the Bay Bridge. The area was relatively deserted, as the bridge still hadn't been fully restored since the end of the Dominion War. Ordinarily she'd have been noticing details of how things had changed, appraising how closely the reconstruction compared with the original structures. But her thoughts were turned inward, rendering her oblivious to her surroundings.

Most of what she felt was an overwhelming sense of frustration. She wasn't used to feeling so powerless. Back on Voyager, she'd always had some weapon at her disposal, or if all else failed, some plan or trick which could usually be counted on to yield results. But here she was stymied, saw all of her attempts and efforts as useless, as worse than nothing. She hadn't been able to prevent the arrest of her Maquis crewmembers, or secure their pardon and release afterwards. She'd had long and frustrating meetings with Necheyev, with Cobum, with every single one of the "bigwigs at Starfleet" that Chakotay had once laughingly accused her of being on a first name basis with. A fat lot of good that did. No one was willing to listen.

She'd contacted Hayes as well, but he told her he was only the Head of Fleet Operations, that the decision to try the Maquis was a civilian matter, and out of his hands. As if Starfleet hadn't had a lot to do with the Maquis being charged in the first place. They could easily have announced that all past crimes were forgiven in light of the Maquis actions on board Voyager. But they hadn't. And she had a strong suspicion that Starfleet was actively aiding the prosecution.

She increased her speed. Wisps of hair escaped from the ponytail she'd put her too-short locks in and blew across her eyes. She pushed at them ineffectually. Just one more annoyance. Since the night she'd heard of the Maquis arrests, she hadn't been able to directly contact any of her crew. She hadn't even been able to relay any messages to Chakotay, except through his court-appointed lawyer, and as she hadn't received any responses, she wondered if he'd even gotten them. Everywhere she turned, she hit another brick wall.

The only conversation she'd had recently with anyone remotely connected to Starfleet that hadn't been a complete waste of time had been with Owen Paris. But it had ended up making her feel worse, not better. Owen was hit just as hard as she was by the arrests, and was feeling just as frustrated. His situation was made worse, however, by the fact that Tom was involved, and yet, not involved. Under the best of circumstances, the rapprochement between father and son was a delicate thing. Under the present high-pressured environment…no, it wasn't easy, for anyone.

Janeway knew that that B'Elanna was not happy with the turn of events, and even more so by the fact that she was unable to stand together with her comrades as they went on trial. She'd spoken with her former chief engineer shortly after the arrests were announced. B'Elanna had railed against fate, calling on the gods of several cultures, not to mention invectives from an even wider sampling of worlds, but the decision was taken out of her hands. She was due to leave for Qo'noS in a few days as per her extradition agreement. The timing was unfortunate; she wouldn't be on Earth during much of the Maquis trial, even if her own trip through the Klingon justice system was expedited. Tom was traveling with her. He was also upset at being excluded from the indictments, but his status was different from the outset. Janeway gathered from a few comments Owen had made that Tom had exploded at his father when reminded of this. So much for the Paris family reunion.

Janeway had fielded dozens of calls from Harry Kim and the other "Starfleet" Voyager crew. And to each one she had to give the same pat answer, advise them to wait and see. God, it was frustrating!

Kim had wanted to resign his commission in protest, and she'd had a hard time talking him out of it, telling him he'd worked too hard for too long to throw it all away now, that his friends would not want him to make such a sacrifice on their behalf. She hadn't had the heart to tell him that it would be a useless gesture anyway. The public excitement over Voyager had died down; they couldn't count on any help from that corner. Occasionally some muttering was heard about the pointlessness of dredging up the past, that it was time to forgive and forget, but those voices were easily overshadowed. The fact remained that the Maquis were officially branded as terrorists in the public consciousness.

Her body was beginning to protest her treatment of it. There was a growing ache in her side, but she didn't want to stop. Couldn’t stop, she had to keep on going. The pounding of her heart matched the cadence of her feet striking the pavement. She increased her speed even more, trying to outstrip the demons that pursued her.

At least she no longer had to contend with ten-hour debriefing sessions each day. Those had come to a quick end, once the Maquis had been arrested. The admirals weren't finished, of course. A Board of Inquiry was meeting now, sifting through the endless data. Not that Janeway gave a damn. They'd already gotten what they wanted, and now she was finally free. Of course, this was not the freedom she'd thought it would be when Voyager had returned home in triumph.

With a final burst of speed, she neared the end of the run she'd set herself. The pavement was rough and uneven here and her foot caught on a broken piece that tilted upward. She went flying, hitting the ground hard. Her shoulder took the brunt of the impact, and a searing pain shot up and down her entire right side. This was the same shoulder in which she'd sustained a wound from Cardassian disruptor fire many years before. By some twist of fate, it seemed that every time she was injured, she managed to hit the same place.

She lay still for a few moments, tears of pain and frustration seeping out of the corners of her eyes, running into her hair and mingling with the sweat. She gave a long shuddering sigh and then painfully got to her feet. There was a jagged tear over the knee of her sweatpants, but there didn't seem to be much blood. She angrily scrubbed the back of her hand over her eyes and then turned into the wind for the long walk back.


Chakotay waited patiently while the guard lowered the force field in front of his cell. The man didn't even deign to speak to him, just motioned imperiously with his weapon for Chakotay to follow. The contempt in his eyes was plain to see. Chakotay kept his own expression neutral as he followed the guard down the corridor to the conference room. The guard's attitude didn't really bother him. This was how Janeway should have treated him and the other Maquis, if she had followed Starfleet's dictates. But whether out of necessity or her own sense of morality, she hadn't treated them like criminals, had instead welcomed them as comrades. All those years on Voyager had lulled him into a false sense of security. He was determined not to let that happen again.

He knew that the captain was trying everything at her disposal to secure their release. He didn't expect her to have much luck. He knew she would refuse to accept it, that she probably believed she could find a way after all. Seven years in the Delta Quadrant, of being answerable to no one but herself, had convinced her she could accomplish anything she set her mind to. She was in for a rude awakening, and he wouldn't be there to cushion the blow.

Gerry Cardozo was already seated at the table, her briefcase open and padds strewn about. She looked up when he entered and smiled. "How are you doing today, Chakotay?" She then glanced at the guard and said pointedly, "It's okay, Lieutenant, you can leave him here."

The guard gave Chakotay a baleful look and said, "I'll be right outside if you need me, ma'am."

Cardozo muttered under her breath, "Yes, I'm sure you will." She sighed and then turned her attention back to her client. "How're you feeling? Tomorrow's the big day."

"In a way, it's a relief to finally get started," Chakotay said. "The waiting has been the hardest part."

"I'm sure," she said sympathetically. Then briskly, "All right, I want to go over some of the preliminaries with you, so you and the other defendants have some idea of what to expect when you walk into the courtroom tomorrow."

Chakotay listened carefully as his defense counsel spoke. Her professional demeanor was very much at odds with her appearance. He remembered the first time she had come to see him. He'd stepped into the room and found it deserted, except for a young girl standing at the window. Shoulder length curly blond hair, large blue eyes--just his type, or would be in another ten years or so when she grew up. She came over to him with her hand outstretched. "Hi, I'm Gerry Cardozo. You must be Commander Chakotay."

"Uh, yes," he said, automatically shaking her hand. Looking down at her, he surmised she was about 18 or so. "I'm sorry, I was expecting to meet my attorney here."

"That's me."

He tried to control his surprise. She barely came up to his chest; Kathryn Janeway would look tall and imposing next to this woman. "I see. I'm sorry, I was expecting someone a little…" his voice trailed off.

"Older?" She smiled humorlessly. "All right, Commander, let's start again. My name is Geraldine Cardozo. I'm a junior partner at the law firm of Belli, Mitchelson, Grisham and Turow, where I've been for the past six years. Before that I worked as a public defender for Los Angeles County. I graduated at the top of my class at Harvard, class of '64. My specialty is criminal law. Since joining my present firm, I've done some work on the trials involving the Maquis of non-Voyager fame. I assure you, I'm eminently qualified to handle your case."

"I'm sorry," he said again, embarrassed. "It's just that you look so--"

"Young?" she finished.

"Yes."

"A crime we're all guilty of at some point in our lives, Commander. And sometimes, it can turn out to be an asset."

He could already tell that it wouldn't be wise for any opposing counsel to underestimate this woman. He only hoped that her skills matched her confidence. "Please, my name is Chakotay. It really doesn't make sense for you to be calling me 'Commander'."

"Oh, but it makes perfect sense. You still hold your field commission granted by Captain Janeway, don't you?"

"Yes, pending Starfleet's ruling."

"They're not going to rule on that till after the trial's over. Why raise a fuss when they assume the issue will be settled for them?" She waved away his attempted interruption. "And it most definitely does make sense to refer to you by your rank, as the main thrust of our argument is going to be that in light of your services aboard Voyager, this trial shouldn't be held in the first place."

"I agree with you, Counselor," he said wryly. "Unfortunately, we seem to be in the minority."

"We'll see what we can do about that," she promised. She turned toward her briefcase. "Before we get started, there's something else we need to get straight."

"What's that?"

"Don't call me 'Counselor'. Every time I hear someone say that, it conjures up images of all those Starfleet-trained shrinks. They have to come up with a better term for those in the legal profession."

He smiled despite himself. "How do you prefer to be addressed? Ma'am?"

"If you like. But really, I prefer 'Gerry'."

He turned his attention back to the present and concentrated on what Cardozo was saying. "Don't expect anything very exciting to happen tomorrow. It's really just going to be some more preliminaries. Basically, all I'm going to do is enter a motion to have the charges against you and the other defendants dismissed."

"Really? You can just do that?"

"Oh, the judge is going to refuse, of course."

"Then why make the motion?"

"That's how all trials traditionally begin, Chakotay." She smiled. "And you never know, sometimes they might just surprise you. But I doubt that's going to happen in our case. As I was saying, Judge Warren is going to deny our motion, and then set the time and place for the trial to start. I imagine it'll be at the end of the week. Normally, Judge Warren has a very full calendar, but for high profile cases like this he usually clears his docket."

Despite Cardozo's breezy, confident manner, Chakotay let a note of doubt creep into his voice. "What do you think our chances are, Gerry? Really."

"Really? I think we've got a good chance. Warren has the reputation of being a very fair jurist. He won't let the prosecution get away with anything. He's a real stickler for procedure and doing things by the book. I'm pretty satisfied with the jury that's been impaneled. One or two of them may give us some trouble, perhaps, but on the whole I think I was able to strike some of the more obvious ones who'd be leaning toward a conviction."

"If you say so."

"I do say so. We've got a good solid strategy, Chakotay. I'm going to play up your record in Starfleet prior to your resignation, and make the point that you joined the Maquis as an act of conscience. I'm going to emphasize your valorous efforts on Voyager's behalf at the Caretaker's Array even before Janeway offered to join the crews. And of course, we'll be talking a lot about your service since."

"You keep talking about me. What about the others?"

"Trust me, Chakotay. This is billed as a trial of the Maquis, but the big guns are going to be trained on you. Dalby, Chell, Henley…small fry compared to you. You're the big fish they want to catch."

"Gerry, you don't use guns to catch fish," he said and then smiled. "At least, not in my tribe."

"Sorry. I won't presume on your area of expertise," she said with an answering grin. She checked her chronometer and then began to stuff her padds back into her case. "Any other questions?"

"Yes." The levity of the previous moment was gone. "You've been emphasizing the positives. Now tell me what can go wrong."

"It's hard to say exactly what's going to happen once we get underway," she hedged.

He reached out and caught her arm. "Gerry, tell me what you're worried about."

"All right." She bit her lip. The familiarity of the gesture caught him by surprise. "The debriefing sessions you underwent at Starfleet after Voyager's return."

"Standard for all ships after a mission."

"Not like this. They had you cooped up for weeks, gleaning lots of information that can easily be used against you in the trial. We're going to be emphasizing your heroic actions as a member of the crew, and they're going to be digging for dirt that will take the gloss off you."

"But this is a civilian trial--"

"Don't be so naïve, Chakotay. The information from the Starfleet sessions is freely accessible to the public. I didn't even have to identify myself as your attorney to get hold of your transcripts. I can already pinpoint a few areas which may give us some trouble…mostly Voyager's Borg encounters and instances when you were in command while the captain was incapacitated."

Those were the areas Starfleet had concentrated on the heaviest, particularly toward the end of the debriefs. He felt the sweat begin to bead on his forehead. "Can they really use that material?"

"They're certainly going to try," she said grimly. Then giving him a pat on the arm, she rose from her seat. "Don't worry about it, Chakotay. I'm going to move to suppress, arguing that since the Maquis were already under investigation and the arrests were already planned, you should have all been informed of this and not answered any questions without your lawyers present. We've got a good chance of having our motion granted."

"On what basis? Because they're not playing fair?" he asked, not entirely keeping the sarcasm out of his voice.

"Oh, just a little thing called the Seventh Guarantee of the Federation legal code. It protects Federation citizens against self-incrimination and stipulates other rights as well." Cardozo smiled. "Kind of like a cross between the Miranda warnings and the Fifth Amendment of the 20th century, only a lot more effective."

She knocked on the door and the guard came in immediately, ready to return Chakotay to his cell. Just before he left, however, Cardozo leaned in close and said softly, "I'm not going to lie to you, and tell you it's going to be easy. They're going to play dirty. Since the end of the Dominion war, the unofficial motto has been 'it's not how you play the game, but whether you win or lose'. But we've got a fighting chance, and I promise you that I'll do my best."


The prosecutor rose and turned toward the jury box to make his opening statement. Aaron Shaw was a large man, in height as well as bulk, and yet he moved lightly on his feet as he traversed the front of the courtroom. He was soft-spoken as well, yet had no difficulty holding the jury's attention.

"Some may ask why the Federation is choosing to put the so-called Voyager Maquis on trial. Why now, at this late date? After all, the Maquis movement ceased to exist five years ago. The recent war rendered their cause obsolete. What does it benefit us now to dredge up these old wounds?"

"Why, indeed?" muttered Ayala from the defendants' table.

Cardozo fixed him with a glare worthy of a Starfleet captain. "Shh!" Ayala subsided.

Shaw continued. "Some say we're doing it to appease our Cardassian allies. They have neither forgotten, nor forgiven, the damage the Maquis wrought against them. But if this was our rationale, we would have turned the Maquis over to the Cardassian justice system. No, that is not our reason. We stand here today, ladies and gentlemen, to satisfy the Federation's own sense of justice and honor."

Shaw paused a moment, and his gaze swept the packed courtroom. The Visitor's Gallery was filled to overflowing, as was the press box. Millions more spectators were tuned in via holovision. Shaw knew how to play to an audience, but turned back to the jury as if they and he were the only ones present.

"The Maquis," he said firmly, "Are terrorists. Yes, they were fighting for their homes and felt betrayed by the authorities that sacrificed them for the sake of a nebulous treaty. In their minds, they were freedom fighters, and their actions justified. But that does not take away from the fact that they engaged in violent acts against a sworn ally of the Federation, and against Federation and Starfleet installations. They committed sabotage, harmful incursions that cost thousands of lives, as well as millions of credits in damage. Their targets were not just military, but also included civilian ones.

"One particular incident comes to mind. On Stardate 47112.3, a Federation installation in the Dopa system was destroyed in a massive explosion. Aside from the destruction of Federation property valued at 10.4 million credits, thirteen people died in the blast and 52 others were injured. The death toll included a Cardassian observer, a number of Starfleet technicians, and the 5-year-old child of one of the civilian contractors. What caused the explosion? The remnants of incendiary devices were found at the scene. Other evidence was uncovered that linked this 'incident' to the Maquis resistance movement, and to one cell in particular--headed by an ex-Starfleet officer named Chakotay. Eyewitness accounts of survivors have placed former Commander Chakotay at the scene, six hours prior to the explosion, along with other members of his cell: Mariah Henley, Lon Suder, Kenneth Dalby and Gabriel Ayala. These were the primary participants. There is evidence that the other members of the cell played backup roles, including a diversionary attack on the far side of the planetoid that also resulted in destruction and loss of life.

"This incident, ladies and gentlemen, made Starfleet particularly interested in the actions of Mr. Chakotay and his followers, and led to the planting of a Starfleet agent within the cell. It was to apprehend these Maquis, as well as to retrieve the agent, that Voyager was dispatched to the Badlands. It was while they were on that mission that the ship lost contact with Starfleet on Stardate 48307.5."

"They'll be blaming us for the fall of the Rigellian commodities market next," whispered Henley to Chell.

Shaw paused for a sip of water. "Many of the more prominent Maquis leaders were high-ranking Starfleet officers who had sworn an oath to uphold the laws of the Federation and of Starfleet. They betrayed that oath. Some, like Chakotay, did take the trouble to first formally resign their commissions, others like Michael Eddington simply disappeared into the Maquis cause. But regardless of their backgrounds, all of the Maquis are guilty of treason. It doesn't matter that with the benefit of hindsight they were 'right', that the Cardassians were in fact not to be trusted. The fact is, they went against their government, and as a result, their government is well within its rights to treat them as criminals and enemies of the state.

"Some of the Maquis were in fact common criminals who joined not out of any loyalty to the cause, but because these type of dirty wars attract a certain element. The Maquis couldn't be picky over who they recruited. They needed people who were willing to fight. So they welcomed a psychopathic murderer like Lon Suder, a drunken wastrel like Thomas Paris and others with even less savory pasts."

Chakotay leaned over toward Cardozo and whispered, "Suder's dead and Paris isn't even on trial here!"

Cardozo murmured, "Shaw's making a point about what type of people joined the Maquis. All part of tearing down your 'hero status'. Now pipe down and listen."

Shaw was now reaching the heart of his argument. "Some would have us believe that the Voyager Maquis have rehabilitated themselves during their years in the Delta Quadrant. Certainly, Captain Janeway was forced by circumstance to incorporate the 37 Maquis members into her crew. No one disputes that many of them served valiantly, and in some cases gave their lives for the ship and crew. But for every act of 'heroism', some might see self-interest, plain and simple. The Maquis ship was destroyed; Voyager was the only way back to the Alpha Quadrant. These people did what they had to do in the name of survival. Or out of personal loyalty and gratitude to the Starfleet captain who took them in. But not, and I must emphasize this point most strongly, not necessarily out of dedication to the ideals of Starfleet and the Federation which it serves. In fact, as this trial progresses the state will introduce many instances of Maquis insubordination, of mutinous behavior, of flouting the captain's orders--actions which hindered Voyager in her journey home."

Shaw paused once more for dramatic effect. "So much for the heroic Voyager Maquis. No, this trial is not about a pursuit for vengeance, but a pursuit for justice." The prosecutor took his seat.

Judge Warren glanced over at the defense counsel. "Ms. Cardozo, are you ready to present your opening arguments?"

"Thank you, Your Honor." Cardozo rose and went to the front of the courtroom. The physical contrast between her and Shaw couldn't have been greater. Today she wore a severely tailored suit, and her hair was caught in a knot at the nape of the neck. It made her look older than she had during any of the pretrial consultations, but still relatively young. And inexperienced.

Dalby said, his voice nearly inaudible, "Hope she's as good as she says she is."

Cardozo turned toward the jury. "The name 'Maquis' conjures up unpleasant images for many people. They think of terrorists, of people flouting the law, of indulging in destructive behavior. But to many others, the name represents something very different.

"Imagine, if you will, what it means to be a Maquis. Everyone knows the bare facts about the Maquis movement. It began as a paramilitary organization of Federation citizens whose colonies were affected by the border changes caused by the Federation-Cardassian treaty of 2370. But how many actually understand, on a deeper level, what this means? These colonists, people just like you and me, were opposed to Cardassian occupation of Federation territory. The planets in the disputed territory were just lines on a star chart to the negotiators and the politicians, but to these people this was home. This was where they lived, where they built their houses. This was where their children were born and raised and where they planned to stay for the rest of their lives. Some of these colonies had been settled more than two centuries earlier. These people felt as permanently rooted, as much at home, as you and I do on Earth."

Cardozo gave a brief smile. "Of course, life on a colony, several days' journey from the heart of the Federation, is not easy. Many of the amenities we take for granted aren't available, or are prized as luxuries. But that wasn't important to the colonists. For many of them, they had found a world where they had the opportunity to build their lives the way they wanted, to live according to ideals and cultures that could be expressed freely nowhere else. One of the original colonies, Dorvan, the homeworld of Commander Chakotay, was settled by the remnants of several tribes of Native Americans, from the American Southwest. They knew all about being uprooted, about having lands and homes torn from them. Terran history of the 19th and 20th centuries makes very clear just how poorly these cultures were treated. It's not surprising that many of their descendants jumped at the chance to start over, on a planet they had been promised would never be taken from them.

"At this point, fairness and adherence to the facts makes me admit to you that nowhere in the Federation-Cardassian treaty was there a stipulation that the colonists had to be removed. Oh, no, not at all. The Federation was simply ceding this territory to Cardassia. Anyone who wished to remain could. Of course, they would no longer be living under the auspices of the Federation, could no longer rely on its protections or the protection of their rights as citizens. They would have to exist under Cardassian rule. Cardassia, who occupied Bajor ruthlessly for half a century, pillaging the planet of its resources, doing their best to destroy its culture, enslaving and murdering its citizens…Is it any wonder that the colonists felt that the choice they were given was in reality no choice at all?"

Cardozo's voice did not rise in volume, and yet her delivery had become more intense. "Even before the treaty, many of the colonies had had run-ins with the Cardassians. Many of the Cardassian ships didn't respect their borders. Some of these 'unfortunate incidents', as the Federation termed them, resulted in loss of lives. Colonists' lives. Federation citizens' lives. There was an official response, of course. As in many other areas, squirmishes with the Cardassians were beginning to reach uncomfortable levels. There were confrontations between Starfleet vessels and Cardassian warships. And so the negotiations began.

"Many of the colonists abandoned their homes and sought to rebuild their lives elsewhere. But they were little better than refugees, all told. They received little or no compensation from their government for the land and property they were forced to leave behind." She fixed the jury with a penetrating glance. One or two of the formerly expressionless faces staring back at her appeared uncomfortable. "Many more did not leave, but clung to the place they called home. They hoped against hope that the Cardassians would allow them to live in peace. But it didn't work out that way.

"Do you know what happened to the colony on Dorvan? The Cardassians bombarded the villages for 24 hours with Thermalite weapons, creating a firestorm that raged at 1600 degrees centigrade. The people were essentially cremated, along with their crops and every other living thing. On other worlds the destruction was not quite as complete, but they suffered at the hands of the Cardassians--the Federations' new ally--as well.

"The Maquis grew in response to Cardassian hostilities and to the colonists' perception that they had been abandoned by the Federation government. Reports of Cardassian attacks, and atrocities, fell on deaf ears. The colonists felt the Cardassian intention was to force them from their homes, and many chose to fight back rather than leave.

"And how did the Federation and Starfleet react? They set out to destroy the Maquis movement, at the behest of their Cardassian allies. Starfleet vessels were dispatched to capture active Maquis members. Maquis sympathizers, or those suspected of being so, were also taken briefly into custody. Starfleet did not hesitate to use deadly force when persuasion failed. And by 2372 members of the Maquis were no longer considered to be citizens of the Federation, stripped of the last protection they had against those who sought to destroy them."

The jury listened in silence. At the prosecution's table, Shaw and his assistant engaged in a whispered conversation.

"By 2373, the Maquis were almost completely wiped out by the Cardassian forces allied with the Dominion. Only a few hundred Maquis survived, less than 10% of their previous number. And where are those survivors now? Serving prison terms. Abandoned once again by their government.

"This, ladies and gentlemen, is what it means to be a Maquis. Now, try to imagine what it means to be a member of the Voyager Maquis. You're aboard the Liberty, an old scavenged ship with a 40 year old rebuilt engine. You're being pursued by a Galor-class Cardassian warship, forced to take refuge among the plasma streams in the Badlands. Suddenly, you're caught in a powerful energy beam that whisks you out of all known space, in a wild, violent ride that knocks you unconscious. You come to and find your ship heavily damaged, many of your crew dead…and you're 70,000 light years from home.

"I will not go into detail, here, about the extraordinary circumstances that the Liberty and Voyager found themselves in, how Captain Janeway approached Chakotay about working together to find their missing crewmembers, how they joined forces to fight off a common enemy. But I will briefly mention how Chakotay sacrificed his own ship, put his life on the line for Voyager by making a suicide run toward the attacking Kazon vessel. He did it to buy Voyager the time they needed. He came very close to dying in the attempt to save the Starfleet vessel that had been sent to apprehend him and his people.

"And afterwards, when Captain Janeway gave the order to destroy the Array, to protect the defenseless Ocampa, he gave her his support. Even though he knew that order meant they were most likely condemned to spending the rest of their lives in the Delta Quadrant. He supported Captain Janeway despite the protests of his own crew. One of the Maquis even said, 'Who is she to be making this decision for us?'"

"Let's hear it for B'Elanna," Ayala said under his breath.

"And what did Chakotay answer? 'She's the captain.' She's the captain," repeated Cardozo. "The man who was supposed to be a dangerous renegade, defying the Federation and Starfleet authority, showed his respect and adherence to the rule of law, and respected the authority of a Starfleet captain. He did not do it for his own personal gain, but out of his own sense of right and wrong. It was only later that Captain Janeway proposed they join crews, and welcomed the Maquis as a fully integrated part of her ship and crew. And make no mistake, ladies and gentlemen, it was a Starfleet ship, following Starfleet protocols then and always throughout the multiyear journey."

Cardozo paused for breath. The silence stretched for a few moments longer. Finally she resumed her speech. "During the course of this trial, I will show you many instances in which the Maquis crewmembers performed valiantly aboard Voyager, instances that show how the ship could not have survived without them. Indeed, there are some members of the Maquis who are not here today standing trial, because they gave their lives for Voyager, and died in the line of duty."

Chakotay bowed his head. Kurt Bendarra, Timothy Hogan…and several others. Too many good people. And Lon Suder, who had found in death the peace he could never attain in life.

"My esteemed colleague, Mr. Shaw, says we are here today in this courtroom for the purpose of seeking justice. That's one word for it. Others may call it seeking revenge." A few gasps were heard. "Yes, I said revenge. In the 24th century, we believe we are an enlightened society. We imprison our criminals not solely for the sake of punishment, but also to prevent them from presenting a further danger to society. Rehabilitation is another major goal.

"Let's look more closely at these points as they apply to the Voyager Maquis. Punishment? I think most of us would agree that being flung across the galaxy and spending seven years in constant fear of attack and struggle for survival is quite a punishment. Add in finding out that your homeworlds have been devastated in a terrible war and most of the people you knew and cared about have been wiped out…that is surely enough to satisfy the most vengeance-minded among us.

"Danger to society? The Maquis cause has been rendered moot by events. I don't think anyone seriously believes the men and women on trial here today are planning on seizing a ship and going off to bomb Cardassian targets, or sabotaging any Federation installations.

"Rehabilitation? One can certainly argue that the Maquis were rehabilitated during their time on Voyager. Captain Janeway has spoken at length, both in her ship's logs as well as testimony given before Starfleet review boards, of the exemplary performance given by these officers. And yes, I said officers, because she granted them field commissions and grew to think of them, and I quote, 'as much my crew as the officers originally assigned to Voyager'.

"One might question once again the necessity of this trial. The defense is prepared to present clear evidence that will lead you, members of the jury, to the only logical conclusion, namely that the Voyager Maquis must be exonerated." Cardozo sat down.

"Way to go, Counselor!" Chell said. Some of the others murmured in agreement.

"That's just the opening statement, people," Cardozo admonished. "The fun is just beginning."

The judge banged his gavel. "This court will now adjourn until 0830 tomorrow morning."

"All rise." The judge and the other court officers began leaving the room.

Cardozo turned toward Chakotay, who was frowning. "Commander?"

"You really think they'll be amenable to forgive and forget? At the height of the Dominion War, the Maquis were still in jail," he answered.

"That is a very significant fact," she agreed. "I won't deny that we've got our work cut out for us."

"And even if you do manage to get us off, what about the ones still in prison?" Chakotay said. "Their situation isn't going to improve."

Cardozo gave him a hard look. "One battle at a time, Commander. Right now, the Voyager Maquis are my priority."

The guards approached to lead them back to their cells. There was no opportunity for any further conversation.


"The people call Lieutenant Commander Tuvok."

When they were going over the witness list before the trial began, Cardozo didn't appear to be overly concerned about any damaging testimony from Voyager's Security Chief. In fact, she almost seemed to view Tuvok as more a witness for the defense than the prosecution. Chakotay didn't share her sanguine view. He knew the Vulcan would tell the truth, as he saw it, regardless of any potential harm to his former commanding officer.

He watched now as Tuvok took the stand. During the past ten days the prosecution had called a variety of witnesses to testify on the actions of his band of Maquis and the damage and destruction they were responsible for. Amazingly, Shaw had managed to track down every single raid Chakotay and his cell members had been involved in, every skirmish with the Cardassians, no matter how minor. There were one or two that he'd nearly forgotten about himself, but listening to the prosecution brought it all back.

Most of the focus had been on the raid in the Dopa system. That had been the cell's most significant action. And as Shaw never tired of pointing out, it was the seminal event which made Starfleet most interested in keeping an eye on them and tracking their movements. Gerry Cardozo was good, Chakotay had to give her that, but not even she could change the basic facts of the situation.

Shaw had also introduced evidence about Maquis behavior aboard Voyager. He was building a pattern of insubordination and disruptive actions, particularly during the first two years. After that, things had calmed down considerably. It had taken losing the ship to the Kazon for the Maquis and Starfleet personnel to finally be able to see themselves as one crew. Extreme circumstances did have a way of helping to heal minor divisions. Not to mention the deaths of some of the more disruptive Maquis. On her cross-examinations, Cardozo had done her best to pin any reckless behavior, any flouting of authority, on Seska and Jonas. But Shaw glossed over that fact, hinting that perhaps the divisions still remained even after those two were gone.

Much of the prosecution's presentation was clearly lifted from Starfleet sources. Cardozo had argued for its suppression, but had been overruled.

"Your Honor, it is obvious that much of the Starfleet 'fact-finding' occurred after the Maquis were already under suspicion. Therefore, any information was obtained in clear violation of my clients' rights. They were not informed that they were under suspicion nor of their rights in those circumstances. And at no time were they offered the services of counsel."

"The warrants for the arrests were not issued until after the debriefs of Maquis crew were concluded," Shaw said smoothly.

"That's a technicality," Cardozo interjected. "Surely you don't expect us to believe that within the space of a single day a decision was made to arrest and try the Maquis."

"All documented paperwork is clearly dated, Counselor," returned Shaw.

"Documented. What about the undocumented material? It's obvious that the arrests were in the works prior to the listed date of record."

"Suspicions do not carry as much weight as fact, Ms. Cardozo," the judge said quietly. "Unfortunately, we can only deal with what's been documented. And the facts are very clear. However," and he turned to the prosecutor, "Mr. Shaw, do you have parallel supporting evidence from other sources?"

"Yes, Your Honor. The official Voyager logs and security reports, as well as reports received by Starfleet Command prior to the ship's return."

"So it's not essential for the prosecution's case to introduce actual statements from the Starfleet debriefs." At Shaw's nod, Judge Warren continued, "Then it is the opinion of the court that such evidence as the prosecution wishes to introduce may be submitted, so long as it does not include any self-incriminatory statements obtained under questionable circumstances."

As Cardozo sat down, Chakotay looked at her in dismay but stopped himself from making any accusatory statements. "All right. I presume you've got a contingency plan?"

Cardozo's composure remained unruffled, although her mouth tightened. "Our strategy remains unchanged. As far as the Maquis behavior at the beginning of the voyage is concerned, a certain amount of adjustment and settling in is to be expected. Only a fool or someone incredibly naïve would expect the blending of the crews to be instantaneous or entirely smooth."

The prosecutor's voice cut into Chakotay's musings. "Please state your full name, rank and place of residence for the record."

"I am Tuvok, son of Sunak and T'Meni of the planet Vulcan. My most recent posting was as Chief Tactical officer and Head of Security aboard the Starship Voyager. My rank upon beginning this assignment was Lieutenant. On Stardate 51186.3, three years into our journey through the Delta Quadrant, Captain Janeway promoted me to the rank of Lieutenant Commander. I have not yet received official word from Starfleet Command as to the confirmation of this promotion."

"How long have you served in Starfleet, Commander?"

"My Starfleet service encompasses two distinct periods. In 2293 I was assigned to the U.S.S. Excelsior as a junior officer under the command of Captain Hikaru Sulu. I resigned from Starfleet shortly after that tour of duty was concluded. I returned to duty in 2349 after a 51 year absence."

"And since then you have undertaken a number of postings and assignments."

"Correct."

"Including assignment as a covert operative within Chakotay's Maquis cell."

"That is correct," Tuvok said once again. Chakotay grimaced, recalling how shocked he'd been to learn of Tuvok's duplicity. Though it hadn't been nearly as devastating as discovering Seska's true identity.

"Commander Tuvok, could you tell us about the circumstances surrounding this assignment?"

"I received my orders from Admiral Necheyev. There was growing concern about the Maquis activities and some inside information was deemed necessary."

Shaw's circuit around the courtroom brought him right next to the witness stand for his next question. "Why do you think there was particular concern about Chakotay?"

"Objection, Your Honor," Cardozo said, rising partway out of her seat. "Witness is being asked to speculate on matters about which he has no firsthand information."

"Sustained."

"I'll rephrase the question," said Shaw. "Commander Tuvok, why was Chakotay's cell picked for you to infiltrate? There were other Maquis cells, after all."

Tuvok said quietly, "As a former Starfleet officer, Chakotay had extensive knowledge of Starfleet installations and procedure. He was considered a major security risk."

"More than any of the other Maquis cell leaders?" Shaw began moving away from the witness stand again.

"I believe Michael Eddington was considered a more serious threat. At any rate, I was assigned to Chakotay's cell."

Shaw's eyes were on the jury as he asked his next question. "Was this connected to the raid in the Dopa system?"

"I cannot say for sure. However, the timing would suggest so."

"What was Captain Janeway's reaction to your new assignment?"

"The captain appeared to have misgivings."

"Why would you say that?"

"Her behavior indicated she was feeling some distress." Chakotay glanced at Cardozo and saw that she was smiling. Vulcans were prized as witnesses because of their calm emotionless delivery and their propensity for dealing only in facts. However, sometimes their literal-mindedness got in the way.

"No, Commander," Shaw said patiently. "I meant, why was she unhappy?"

"I have served under Captain Janeway for a number of years, on a number of different vessels. As a result, the captain and I have established a good rapport and I believe she did not wish to be deprived of my services."

"She wasn't also concerned for your well-being?"

"The captain is always concerned about the well-being of those under her command."

"But didn't she have particular reason to worry about you in this case?"

"A covert operation does carry a greater than usual amount of risk," Tuvok admitted.

"In other words, she was concerned that if your true identity was discovered, your life would be in danger."

"That is correct."

"Let's talk a little bit about your time undercover, Commander. How long were you part of the cell?"

"Two months, one week and three days."

"Two months," repeated the prosecutor. "During that time, did Chakotay's cell go out on any raids?"

"Yes. There were two missions, as well as a number of minor skirmishes with Cardassian vessels and personnel."

"In the Badlands?"

"Most of the events involving spacecraft were in the vicinity of the Badlands. However, the raids were carried out on planets within the Demilitarized Zone."

"In the area claimed by the Cardassians." It was not a question.

"The Demilitarized Zone, as its name implies, was intended to be an area free of any military presence, Starfleet or Cardassian," corrected Tuvok. "The Cardassian presence was in violation of that agreement."

"But Cardassia claimed some of the planets in the Zone and had established civilian colonies there as well," pressed Shaw.

"I do not know the details of the Cardassian justification for a military presence," responded the Vulcan. "However, there was most definitely a presence, which is why the Maquis cell engaged in activity there."

"During the missions you participated in, did you witness any instances where the Maquis committed murder?"

"The Maquis were responsible for a number of deaths. The nature of the missions rendered this unavoidable."

"How about acts of brutality?"

Tuvok hesitated. "There is sometimes a fine line between necessary and excessive use of force."

"Did Chakotay's people ever capture any Cardassians?"

"Yes."

"Did they attempt to learn strategic information from their prisoners?"

"Yes."

"Did the Maquis resort to torture to get what they wanted?"

Emotionlessly, Tuvok replied, "Some members of the cell applied excessive force on occasion."

"On occasion?" echoed the prosecutor. "What did the Maquis do with their prisoners after they'd extracted all useful information from them?"

"I have no personal knowledge of their whereabouts."

"Did the Maquis have facilities for keeping prisoners?"

"No."

"Did they engage in exchanges with the Cardassians, perhaps, trading captured Cardassian soldiers for other 'freedom fighters'?"

"I have no personal knowledge of that."

"Isn't it most likely that they were murdered?"

"Objection!" Cardozo said.

"Withdrawn," Shaw said quickly, before the judge had time to respond. "Commander Tuvok, how do you reconcile the events you witnessed, and participated in as a member of the Maquis, with Vulcan philosophy?"

"Vulcan philosophy, as you call it, does not condone violence. However, there are times when it can be justified as the most logical course of action."

"Isn't that a contradiction in terms?"

"No, it is not. Starfleet is not primarily a military organization; its major goal is exploration. However, Starfleet also serves to protect the Federation's interests and as a result has been involved in several battles in the last decade alone. Aside from the recent Dominion war, there was the incursion by the Borg---"

"All right, Commander, let us assume you've made your point," Shaw said hastily. "What happened after the Liberty disappeared in the Badlands?"

"As I was informed later, Captain Janeway and Voyager were dispatched to find and apprehend the Maquis vessel."

"The launch date for the mission was moved up, wasn't it?"

"Yes. By nearly a month."

"At the behest of Captain Janeway."

"That is what I have been told."

"Because she grew concerned when you failed to report in."

"So I would surmise."

"Is there any particular reason---"

Cardozo quickly stood. "Objection!"

"Sustained. Mr. Shaw, please try to keep your questions focused and refrain from asking the witness for speculation."

"Understood, Your Honor. Withdrawn." Shaw gave an apologetic smile in the jury's direction.

"Commander Tuvok, when Captain Janeway first proposed joining the crews, what was your reaction? Were you surprised?"

"Examination of the situation suggested that as one of several possible courses of action."

"The others being keeping the Maquis confined to the brig or quarters, but not allowing them access to the ship's systems."

"Yes, although that would not have been a workable situation. Voyager sustained heavy damage and loss of personnel during the trip to the Delta Quadrant. There were not enough Starfleet crewmembers left to effectively run the ship. Captain Janeway's decision was the most logical one."

"Including assigning key positions to the Maquis?" Shaw wanted to know.

"Captain Janeway concentrated on filling positions with the most qualified personnel available."

"A large number of Maquis were placed in Engineering. Weren't there any misgivings over assigning them to such a critical area of the ship?"

"All departments are critical in a starship, Mr. Shaw. Access to the ship's systems is possible from several different areas. Engineering and the nearby sections suffered the most damage from the Caretaker's displacement wave. There were a great many casualties, including the Chief Engineer. Many of the Maquis had knowledge and experience superior to that of the remaining Starfleet personnel."

"Were there any problems with the Maquis assignments in Engineering?"

Chakotay reminded himself not to wince or otherwise visibly react to the testimony as it was given. Cardozo had warned him about telegraphing too much to the jury. He waited for Tuvok's answer.

"There were a few minor altercations," Tuvok admitted.

"Including one in which a Maquis, B'Elanna Torres, broke Lieutenant Carey's nose?"

"Yes."

"And yet, this same B'Elanna Torres was appointed Chief Engineer."

"She was the most qualified."

"Was Torres Captain Janeway's first choice for the position?"

"I believe it was Commander Chakotay's idea, as Lieutenant Torres had served in that capacity aboard the Liberty. Captain Janeway took the Commander's advice, and to my knowledge, never expressed any regrets at having done so."

"Not even in the aftermath of the Sikarian incident, Commander?" Shaw's voice rose in excitement. "Even when the Maquis members in Engineering went against the captain's explicit orders about trading data for the Sikarian space-folding technology?"

Tuvok remained as unflappable as ever. "Your facts are in error, Mr. Shaw. As Chief of Security, I was aware of the proposal to trade information from our database for the technology, and it was I who made the actual exchange. I brought the device to Lieutenant Torres for installation."

"But it was at the behest of the Maquis, wasn't it?"

"The record clearly states that I took full responsibility for the incident."

"Your Honor," Cardozo rose once more. "I fail to see the relevance of this line of questioning."

"Agreed," said Judge Warren. "Mr. Shaw, move along."

"What about the position of First Officer?" Shaw challenged.

"I do not understand your question," Tuvok replied.

"Were you surprised when Captain Janeway passed you over for the position of First Officer and instead gave it to Chakotay?"

"I was only a Lieutenant. Mr. Chakotay held the rank of Commander in Starfleet before his resignation."

"But you had a much more extensive service record, and had served with the captain for several years previously. Surely she could have promoted you to Lieutenant Commander and made you her second in command."

"Captain Janeway obviously had her reasons." Chakotay wondered what Shaw was getting at. Certainly he didn't expect a Vulcan to admit to being jealous.

He didn't have long to wonder. Shaw's next question was, "Do you think one of the factors that went into her decision had to do with keeping the Maquis in line?"

"Objection, your honor." Cardozo remained seated this time.

"Sustained. Mr. Shaw, please rephrase your question."

"Commander Tuvok, prior to the captain's announcement of Chakotay's new position, did she discuss merging the crews with you?"

"Yes."

"Did she at that time express any reservation about gaining the Maquis cooperation?"

"Yes."

"Is it therefore a logical conclusion that this is why Captain Janeway offered the position to Chakotay, and not to you, the highest ranking Starfleet officer?"

Tuvok hesitated and then answered, "Yes."

Shaw gave a satisfied look. "Your witness."

Cardozo didn't waste any time on preliminaries. "Commander Tuvok, please describe the two Maquis missions you participated in during your time aboard the Liberty."

"One was what I believe would be called a 'jailbreak'. A number of civilian colonists, as well as some captured Maquis, were being held on Acconius III."

"Was the mission successful?"

"Thirty five prisoners were freed."

"Were there any casualties?"

"Fifteen prisoners were wounded, four of whom later died. Our cell sustained heavy casualties, with ten deaths and another 17 wounded. A number of Cardassian soldiers were killed as well."

"What was the other mission?"

"We had received word that the Cardassian Central Command was supplying weapons to Cardassian civilians in the DMZ and attempted to intercept one of the shipments."

"Commander Tuvok, who was usually involved in questioning any Cardassians captured by the cell?"

"Usually it was conducted in tandem by Seska and Commander Chakotay."

"Did you ever witness any acts of brutality, anything you would deem excessive use of force, on the part of Commander Chakotay?"

"I did not personally witness any such events." This was true. Tuvok, unlike some of the other Maquis, usually made himself scarce when any "questioning" was going on.

"From what you know of Commander Chakotay, do you believe him capable of torture?"

"During the years I have known the Commander, both in the Maquis and on board Voyager, he has always displayed a belief in the sanctity of life."

"You said earlier that you had been passed over for the position of First Officer when Captain Janeway merged the two crews."

"I did not express it in that manner."

"All right," said Cardozo, with a slight smile. "Having served under Commander Chakotay for seven years, what is your opinion now?"

"Whatever the reasoning behind Captain Janeway's decision, it turned out to be the best one. Commander Chakotay exhibited command skills far superior to my own. I had the opportunity to observe first hand a number of instances in which the captain was incapacitated and he was forced to assume command. I had no criticisms as to his conduct. And Commander Chakotay did his best to insure that the integration of the two crews went as smoothly as possible." Chakotay looked up to see Tuvok gazing straight at him.

"What about Lieutenant Torres and the other Maquis in Engineering?"

"They performed their jobs admirably. Aside from a few exceptions, none of the Engineering personnel ever proved to be a security risk. All of them were at various times instrumental in saving the ship."

"Those exceptions being Seska, a Cardassian spy surgically altered to pass for a Bajoran?"

"Yes, as well as Michael Jonas and Lon Suder."

"Is this the same Lon Suder, who died in the effort to retake the ship from the Kazon?"

"That is correct."

Cardozo consulted a padd. "Commander Tuvok, can you tell us a little about your 'Maquis training program'?"

"Early in our voyage, it became apparent that a number of our new crewmembers were unfamiliar with Starfleet protocol and procedure. The training program was designed to fill in the gaps of their knowledge."

"Why was the chief of Security the one in charge of this program?"

"I spent a number of years as an instructor at Starfleet Academy. I was therefore the most qualified."

"So it had nothing to do with lingering mistrust of the Maquis?"

"No, it did not."

"How did the Maquis react to the program?"

"At the beginning they were unhappy and felt the exercise was a waste of their time and talents."

"I'm surprised they even agreed to go along with it in the first place," Cardozo observed.

Tuvok said dryly, "Commander Chakotay persuaded them of the necessity."

Chakotay grinned briefly at the memory of the form the persuasion took. Dalby rubbed his nose as he, too, remembered.

"Was the program a success?"

"Yes, it was. Performance levels rose, and there was an increase in 'camaraderie' among the crew as well."

"Thank you, Commander Tuvok. No further questions."

"The witness may step down."


The trial was nearing the end of its third week. Interest appeared to be waning, at least as far as the general public was concerned. Chakotay found himself fighting a rising sense of impatience at Shaw's propensity to drag out every minute detail. But the prosecution eventually finished presenting its case and now it was the defense's turn.

Cardozo submitted several pieces of evidence, including Captain Janeway's report to Starfleet Command on the status of the Maquis crewmembers. Several members of the Voyager crew were also called upon to testify.

A ripple of excitement ran through the air midway through the fourth week.

"The defense calls Captain Kathryn M. Janeway."

Chakotay studied his former captain as she took the stand. This was the first glimpse he'd had of her since the day of their aborted dinner date nearly three months ago. He'd realized it wasn't possible to see or speak to her before, and knew that as a witness, she'd been unable to attend the trial before being called upon to give her testimony. Cardozo had cautioned him that any communication could be misconstrued as tampering, and so he hadn't responded to the messages she'd sent him before the trial began. He hoped she understood the reason behind his silence.

Chakotay tried to catch Janeway's eye, but she was in full captain mode, her mask firmly in place. All the animation that had been present upon their return had long since died. He couldn't help but notice the tired lines in her face, the exhaustion permeating her whole being. All through Cardozo's questioning, in which she had the opportunity to expound on the valuable service of Chakotay and the other Maquis officers, she never once met his eyes.

"Your witness." Cardozo sat down and Shaw approached the witness stand.

"Captain Janeway, what were your orders for the mission to the Badlands?"

"I was to apprehend the Liberty and take all its personnel into custody," she said.

"Did you intend to carry out your orders?"

If she was surprised by the question, it didn't show in her expression. "Of course."

"If both the Liberty and Voyager had remained in the Alpha Quadrant, would you have done so?" Shaw continued.

"Yes."

The prosecutor resumed his circuit around the courtroom. "Did you study the Starfleet dossier on Chakotay before setting out on your mission?"

"I was familiar with his record."

"As the leader of a Maquis cell?"

"Also as a former Starfleet officer," the captain answered.

Shaw paused by his table and picked up a padd. "What was going through your mind when you first encountered the Liberty in the vicinity of the Caretaker's Array?"

"We detected no life signs. Almost immediately I was called to Engineering to deal with a possible warp core breach. And then we found ourselves inside the Array."

"When were you returned to your ship?"

"Three days later."

"What happened then with the Maquis?"

"I contacted the Maquis captain because one of our officers was still missing and the possibility existed that he had been returned to the Liberty by mistake. When it was clear that both ships were missing crew members, I suggested pooling our resources."

"Before you discovered one of your people was missing, you were first notified that the Maquis ship was powering up its engines. What did you do then?" Shaw asked.

"I ordered a tractor beam."

"So you were still going to carry out your mission? Attempt to take them into custody?"

"I was more concerned with speaking to them before they could leave the area." Janeway replied. "Even without taking into consideration our missing personnel, there was still the fact we were 70,000 light years from home. Both the Liberty and Voyager had the same problem."

Shaw made a notation on his padd. "Once you recovered your people from the Ocampan planet, why did you allow Chakotay and the other Maquis to return to their ship? Why not take them into custody then?"

She kept her voice level. "We were under attack by the Kazon. Lieutenant Tuvok and I beamed over to the Array to attempt to access the mechanism to send us all back to the Alpha Quadrant. We needed the Liberty's help in holding off the Kazon."

"If the Kazon hadn't shown up, if you had been able to use the Array to get back home, would you then have attempted to take the Maquis into custody?"

"Yes," Janeway said quietly.

"Speak up, please, Captain, I'm not sure the jury heard you."

"I said yes. I would have carried out my orders." Janeway met Shaw's gaze unflinchingly. "But it didn't work out that way. Instead--"

Shaw cut her off quickly. "Please answer my questions, Captain, and only the questions I put to you." He smiled as she subsided. "Now, could you tell us when you changed your mind about the Maquis? At what point did you decide that the Maquis no longer deserved to be taken into custody for their crimes?"

"I don't understand your question," she said.

"It's simple enough, Captain. If you had suddenly found a wormhole, or other means of getting home, during your first month in the Delta Quadrant, would you have arrested the Maquis? Or perhaps after three months? When did you decide that your orders no longer applied?"

Chakotay shifted uneasily in his seat. When, indeed? He suddenly realized he didn't know the answer.

"Objection, Your Honor," Cardozo said. "Mr. Shaw is asking the witness to speculate. The fact remains, Voyager did not manage to return for another seven years. This line of questioning is irrelevant."

"Your Honor, this is relevant--goes to the witness' attitude toward the defendants. The jury needs to know when this bias began in order to weigh the captain's testimony on behalf of the Maquis with the proper balance."

"I'll allow it, Mr. Shaw. But be sure your questions remain on track."

"Well, Captain?" said Shaw.

"From the outset, Commander Chakotay showed himself to be an honorable man who did his best for Voyager and her crew. Our odds of survival would have been considerably less without his cooperation. The more time went by, the more I became convinced that the Maquis were a valuable part of Voyager, whose services should be a mitigating factor when their case would be considered. Especially considering how the political situation in the Alpha Quadrant has changed since Voyager began her mission."

"Your report to Starfleet Command described Chakotay as an exemplary officer. Tell me, Captain Janeway, did you never have any disagreements?"

"Of course we did. Every command team experiences differences of opinion."

"Could you describe the nature of these differences?"

"It is the First Officer's job to supply the captain with alternative courses of action and to assist the captain in making decisions. But the final decision is the captain's and Commander Chakotay never questioned that."

Chakotay leaned back, his eyes partially closed, as Shaw led Janeway through a list of command disagreements. God knows there were plenty of them. The prosecutor seemed to be looking for instances where Chakotay had disobeyed direct orders. And the Borg proved to be a fruitful source.

"Did Commander Chakotay agree with your decision to seek an alliance with the Borg against Species 8472?"

"No, he did not." That was putting it mildly, Chakotay thought. But if Janeway was recalling the terrible scene they'd had after she announced her intention to go ahead with it anyway, she gave no indication.

"After you had been injured aboard the Borg cube and forced to relinquish command to Commander Chakotay, what were your orders regarding the alliance?"

"I told him to do his best to preserve it."

"Did you warn him it wouldn't be easy?"

"Yes."

"And yet, what was Chakotay's reaction the first time a difficulty arose with the alliance?"

"He was forced to terminate it," she said quietly.

"Despite your explicit orders?"

Janeway's patience appeared to be growing thin. "Look, the officer in command has to have a certain amount of flexibility. Situations are rarely static, and a commander has to be able to adapt to changing circumstances. I felt it was important to maintain the alliance against the threat of Species 8472. Based on events that transpired after I was incapacitated, Commander Chakotay obviously felt that the Borg aboard Voyager constituted the more immediate threat and he acted accordingly."

"'Acted accordingly'--he spaced them, didn't he?"

"That is correct."

"Were you happy with the Commander's performance, once you recovered and resumed command?"

"We were able to devise a workable solution to deal with both the Borg and Species 8472," the captain said.

"But were you happy with his actions?" Shaw asked once more.

Reluctantly, Janeway answered, "No. But I was not in command when those events transpired. It's different hearing about it after the fact. Perhaps I would have also changed my mind about our Borg 'allies'." She quickly added, "And any difference of opinion did not stop us from working together to solve the crisis. Then and now, I trust Commander Chakotay and have every confidence in him. He is the finest first officer I have ever had the privilege of serving with."

Shaw's progress had brought him around to the witness stand once more. "Did you ever have reason to suspect his loyalties? Were you ever concerned with his staging a mutiny?"

"No," she said firmly.

"What about 'Insurrection Alpha'?" Shaw's eyes slid to the jury.

"That was a training program devised by Commander Tuvok in the early days of our journey, when the possibility of a mutiny existed. However, it never came to pass. Commander Chakotay never gave me any cause to suspect his loyalty and dedication."

"Didn't you relieve the Commander of duty during the Equinox incident, for failing to obey orders?"

Chakotay drew a sharp intake of breath. They were treading on dangerous territory here, for Janeway as well as himself.

The captain answered, "He disagreed with some of my methods during the crisis. Afterwards, when I had a chance to reflect, I came to the conclusion that he had been correct and I reinstated him." She hesitated. "The events surrounding the Equinox should be seen as my failing, not his. It's the responsibility of a good first officer to keep his captain from crossing any lines."

Chakotay started slightly to hear his own words coming from her. He looked at her quickly, but she was still avoiding his gaze.

"Isn't it true, Captain Janeway, that just a few months after that you became suspicious of Commander Chakotay and his actions once more? That you had reason to believe that he had been keeping back crucial information regarding the presence of the Maquis in the Delta Quadrant?"

Janeway looked perplexed for a moment and then her face cleared. "One of the crew, who we later found out was suffering from delusions, brought a conspiracy theory to my attention. But it had no basis in fact."

"Didn't you confront the Commander in Voyager's cargo bay?"

"Yes. But--"

"Didn’t you feel the need to pull a phaser on him during that confrontation?"

"No," she replied heatedly. "That's not what happened. Both of us went to the cargo bay looking for evidence to support the wild theories that the crewman had been feeding each of us. But all it took was a few quick words with my XO to be convinced of his loyalty and veracity."

"But why did you bring a phaser with you, Captain?" Shaw pressed.

She looked away. "The allegations were absurd. But because of the source, I had to investigate." For the first time she glanced at Chakotay, a look of apology in her eyes. "I had my doubts, but it didn't take long to clear them away."

"Did Commander Chakotay ever endanger the ship by his actions?"

"No."

"What about the episode with the independent Borg collective you encountered, the one headed by Dr. Riley Frazier?"

"What about it?"

"Did Dr. Frazier request anything of Voyager?'

"She wanted our help to reactivate the central node on the disabled cube."

"Why was that?"

"To form a neural link between the former drones on the planet, in order to stop the hostilities."

"Did you agree to Dr. Frazier's request?"

"No, I did not."

"Why?"

"I thought the cube might present a danger to Voyager. At the very least it could have attracted the attention of other Borg vessels."

"Yet the node was reactivated anyway." Shaw paused and when she gave no response said, "Captain? How did that come about?"

"Frazier's people had linked to Commander Chakotay earlier, to heal his injuries, and then used that link to force him to carry out their wishes."

"In other words, Chakotay did it, despite your orders."

"He was acting against his will," Janeway said firmly.

"But hadn't Chakotay argued earlier in favor of acquiescing to Frazier's request?"

"He was acting against his will," she repeated. "He had no control over his actions."

Shaw was on the attack once more. "Isn't it a fact that he showed a pattern of consistently compromising Voyager's safety?"

"No," Janeway said vehemently.

"What about Seska? He was responsible for her presence on Voyager."

"She was a member of the Obsidian Order, masquerading as a Bajoran. She had us all fooled."

"All of you, Captain? Isn't it possible that Commander Chakotay was aware of her identity?"

"No. That's impossible."

"Come, come, Captain. The woman was his lover for two years. Did he really not know her true identity?"

"No, he did not."

"And didn't his foolhardy actions regarding her and the child she was carrying endanger Voyager and result in losing the ship to the Kazon?"

"Seska told Chakotay the child was his." Janeway said tightly. "He had no reason not to believe her. In her message buoy, she led us to think the child's life was in danger."

"Didn't it occur to you that it might have been a trap?"

"Yes. We took every possible precaution."

"You keep saying 'we', Captain, but isn't it a fact that this was all Chakotay's idea?"

"As captain, it was my decision to proceed with the rescue mission."

"Because you knew, based on his past behavior, that if you didn't Chakotay was liable to just go off on his own?"

"That's not the case---"

Shaw interrupted, "Didn't Chakotay take off in a shuttle to confront Seska some months earlier? Leading to the events in which the aforementioned child was conceived?"

"That was different. Chakotay felt responsible for Seska's actions. He wanted to confront her without endangering Voyager."

"So he acted out of wounded pride? That was a fine illustration of 'exemplary command skill'," Shaw said sarcastically.

"Objection!" Cardozo called.

"Sustained. Mr. Shaw?"

"Withdrawn." Shaw advanced on the witness stand once more. "Captain Janeway, what is the nature of your relationship with the Commander?"

"We're friends."

"Just friends? Are you now or have you ever been romantically involved?"

"Objection," Cardozo said once again. "Your Honor, this has no bearing on the case."

"On the contrary," said Shaw. "The relationship between Voyager's command team has everything to do with the Maquis service aboard the ship."

"I'll allow it."

"Your Honor," protested Cardozo, "I hardly think--"

"I said, I'll allow it, Ms. Cardozo," Judge Warren said, with a hint of testiness. "Please sit down. Mr. Shaw, you may proceed."

"Thank you. Captain Janeway, when Chakotay's shuttle was captured by Seska and her group of Kazon, why did you risk going after him?"

"He was Voyager's First Officer. We couldn't just leave him there."

"You were willing to endanger the entire ship for the sake of one man?"

"I'm not in the habit of abandoning any of my crew," the captain said.

Shaw gave a skeptical look but proceeded to his next question. "Under what circumstances were you and your first officer stranded on the planet you called New Earth?"

Chakotay shifted in his chair uneasily. On the witness stand, Janeway didn't move a muscle. "We had contracted a fatal insect-borne disease. Our EMH was unable to find a cure, but the atmosphere of the planet seemed to shield us from any harmful effects."

"Only the two of you were infected?" Shaw asked curiously.

"Yes."

"So your crew had no choice but to leave you there and continue the journey without you."

"Yes."

"You and the Commander, all alone, stranded there for the rest of your lives," Shaw persisted.

"As it turned out, we were only there a total of three months," Janeway said quietly. "Voyager came back for us after obtaining an antidote from the Vidiians."

"But at the time, you thought it was for the rest of your lives." Shaw's voice dropped conspiratorially. "Tell me honestly, Captain. With all that, still nothing happened between you and Chakotay?"

Janeway glared at him. Her voice was very cold as she responded, "No."

"Why not?"

Cardozo was on her feet, but Janeway didn't wait for her. "I beg your pardon?" she demanded.

"Please, Captain." Shaw held up his hands in supplication, his tone deliberately light. "The commander is a good-looking man and you are a very attractive woman. Your crew often witnessed, shall we call it, 'flirtatious behavior' between the two of you. You expect us to believe that when you were all alone on a beautiful planet the two of you never--"

This time Cardozo was quicker. "Your Honor, this is ridiculous!"

The judge sighed. "Move on, Mr. Shaw."

"And after your rescue, you weren't involved on board the ship?"

"No."

"Even years later, when you received word that your fiancé had married someone else and you were now free to pursue a new relationship?"

Janeway, tight-lipped, shook her head.

Shaw wore a satisfied look. "No more questions, Your Honor."

Chakotay didn't even hear them call the next witness. He sat staring at the door at the end of the courtroom, through which Janeway had left as soon as she got off the witness stand. His mind was a jumble of thoughts, but uppermost was that she'd been right all along. Starting with New Earth, every time they had moved closer, every time the possibility of something more than friendship arose, Kathryn had been quick to bring up Starfleet protocols as a way of keeping their relationship from crossing the line. It had frustrated him to no end. Back in the Delta Quadrant, none of it seemed to matter. But they weren't in the Delta Quadrant any more.

Chakotay sighed and glanced over at his defense counsel. To his surprise, Cardozo was looking at him with an expression of understanding, and pity.


"Kathryn?"

Janeway turned around at the sound of her sister's voice. "Did you say something?"

Phoebe came to join her on the deck behind the house, looking at the hills in the distance. "Yes, I did, but it seems like you were a million miles away."

"Just as long as it's closer than 70,000 light years," Janeway answered. She turned back to Phoebe. "I'm sorry, I know I'm not being very good company."

"It's all right," Phoebe said lightly. "I know you didn't come to see me. It's the kids you're really here for."

"And now that Kathy went to a friend's house and the baby's asleep, I should really be spending time with you."

"Well, now that you mention it…" Phoebe smiled, but then it faded as she looked at her sister. "Kathryn, what's the matter?"

"Nothing."

"I don't believe you. You've been brooding for days now, ever since you testified at the Maquis trial."

"I haven't been brooding."

"Yes, you have. You've been incredibly moody and preoccupied lately, even if you think no one's noticed."

Janeway sighed and then conceded. "You're right, I have been."

"You were like this even at the birthday celebration Mom arranged for you."

Suddenly contrite, Janeway said, "Oh, God, I hope I didn't ruin it for her."

"No, you didn't," Phoebe answered. "Mom is still so happy to have you back, alive, that I don't think she was aware that your responses were very perfunctory." Phoebe paused a moment. "You know, May 20 is the day we always commemorated your loss. Not the date of the Starfleet Memorial Service, or when they officially declared you dead."

Janeway shook her head. "That's morbid, remembering my death on my birthday."

"Not your death, Kathryn, but your life. Remembering the person that you were and how you touched each of our lives."

"For us on Voyager, it was the anniversary of our arrival in the Delta Quadrant." Janeway said slowly. "Neelix always insisted on throwing a party, and treating it as a joyous occasion. Celebrating our survival, I suppose. Of course," and here she forced a smile, "Neelix would use any excuse to have a party."

"It sounds like you had some really good people with you there," Phoebe said softly.

"Yes. The best," Janeway swung around suddenly, the frustration and anger plain on her face. "And that's why it's killing me to see what's happening to them now."

"You're not responsible for them anymore, Kathryn. You're not to blame for the Maquis arrests."

"No. You don't understand," Janeway said tightly. "I was their captain. They trusted me to look out for them, to do what's right by them. And I haven't. I've let them down."

"Now wait just a minute," Phoebe moved so that she was directly in Kathryn's line of sight. "You are not to blame for the arrests. You were sent out originally to apprehend them, after all. Yes, circumstances changed and you came to view them in a different light, but that didn't mean Starfleet and the Federation felt the same way. You are not personally responsible for the present situation. In fact, you've been practically moving heaven and earth to help them. You've done what you could, Kathryn, and it's time to let it go."

"I can't," she said. "Not only haven't I helped, but I'm afraid I may have made things worse."

"What are you talking about?"

"My testimony at the trial. It didn't exactly help things."

"Are you kidding? You gave such glowing accolades to every member of the Maquis, especially Chakotay. The jury can't help but give that a lot of weight in their consideration."

"What the jury will take into consideration, Phoebe," said Janeway bitterly, "Is the likelihood that I was sleeping with my first officer to gain his cooperation and to keep the rest of the Maquis in line."

"Were you?"

"No, of course not! Why would you even think such a ridiculous thing? You of all people should know---"

"You just proved my point," Phoebe said calmly, squeezing her sister's shoulder. "It is a ridiculous suggestion, Kathryn, and no one's going to take it seriously. Relax. That lawyer, Cardozo, seemed to have a good handle on things. All you can do now is just sit back and let other people do their jobs. Isn't that one of the things a captain's supposed to be good at, delegating?"

Janeway attempted a smile. "Well, we're supposed to delegate. I don't know if all of us are good at it or not."

Relieved to see her somewhat calmer, Phoebe steered her back into the house. Stepping over the brightly colored blocks strewn haphazardly all over the floor, she said, "Would you like something to drink?"

"That'd be great." Janeway sat down after pulling a stuffed bear out from underneath the couch cushion.

Over coffee, Janeway seemed to relax a bit more, but there was still a tense air about her. Hoping to draw her out, Phoebe said, "You mentioned parties on board Voyager. I presume you had the usual birthdays, anniversaries and so on?"

"Oh, yes. Every crewman's birthday was cause for a celebration, whether the guest of honor agreed with it or not."

"Now why do I get the impression that you were a reluctant celebrant?" Phoebe asked, her eyes dancing.

Janeway rolled her own eyes in return. "Everything to do with the captain was public property. Between Neelix, and Tom Paris and Chakotay, there was no way I could avoid it."

"But I'm sure the presents more than made up for it. As I recall, that was always your favorite part of birthdays."

"Your favorite part, you mean," Janeway retorted. "Still, the gifts were very special. A lot of thought and effort went into them, not to mention replicator rations. I remember one year Chakotay gave me an old-fashioned pocket watch…" Her voice trailed off.

"He gave you an old chronometer?" Phoebe prompted.

"Not just any old chronometer, but a replica of Captain Cray's pocket watch. Are you familiar with the story? Cray was a captain in the British navy. His ship was presumed lost at sea with all hands. But by sheer determination, long after everyone had given them up for dead, Cray sailed his battered ship into the harbor. It wasn't more than a collection of planks, its one remaining sail torn and tattered. But he got his crew home."

Phoebe blinked away sudden tears. "That's absolutely beautiful."

"Yes, it was. I almost told him he shouldn't have spent so many rations on it, especially since we spent so much of our journey practicing strict energy conservation measures."

Phoebe looked at her sister aghast. "Kathryn! You didn't say that to him, I hope."

"No, I didn't. I just smiled and thanked him for the lovely gift."

Seeing the fleeting expression on Janeway's face made Phoebe gather her courage to ask the one question she'd been dying to ever since Voyager's return. "Kathryn, just what is going on between you and Chakotay?"

Startled, Janeway looked at her. "Nothing. Nothing at all. We're friends."

"I know you're friends, Kathryn, but I have the feeling there's something more."

"Oh, God, not you, too," Janeway said and turned away.

"Come on, Kathryn, it's obvious you have deeper feelings for him. I mean, look at what you've been going through for him."

"I'd do this for any member of my crew."

"Uh huh," said Phoebe. "But you're taking this so personally."

"It is personal," said Janeway angrily. "What Starfleet is doing to him smacks of a vendetta."

Phoebe didn't answer, just sat there quietly. Janeway drained what was in her cup, then poured herself some more. At last, Phoebe spoke. "I know things are a real mess now, but maybe, after the trial's over, you'll have a chance to resolve some of these issues between you."

Janeway slowly nodded. "It's complicated. Let's just leave it at that."


The next morning, Janeway sat thinking about the previous day's visit. It had been very nice to spend time with her niece and nephew, even if three-year-old Kathy had the energy of an unrestrained warp core, and baby Eddy had drooled all over her shoulder. Being an aunt had its advantages--all of the pleasures of children, with none of the responsibilities. It had been nice spending time with Phoebe as well, although as was usual with her sister, the conversation had touched on areas she would have preferred to leave alone.

Then, when she was about to leave, Phoebe had slipped a piece of paper into her hand. On it was written a series of numbers. She looked at her sister questioningly.

"I spoke to Mark the other day," Phoebe said, a bit hesitantly. "He's concerned about you, and wanted to know how you're holding up. But he didn't want to call you directly---I think he's afraid of interfering in your life."

That was ironic, she thought now, considering which of them had a life, and which one was on hold for the immediate future. She went over to the desk, and placed Mark's comm number in a drawer. She would call him eventually. She owed it to him; they'd been friends for a long time before they become lovers. But not yet. Her life was just too unsettled now to add one more complication.

Abruptly, she made the decision she'd been toying with for the past few days. She reached for the comm unit and punched in the numbers with a steady hand. "This is Captain Kathryn Janeway. I'd like to speak to Elizabeth Ray."


The studio was bigger than she'd imagined, much larger than it looked from the outside. After the guard at the door had finished her ID scan, Janeway stepped into the dimly lit, cavernous building. It was obvious that most of the construction was underground. She glanced about her uncertainly, fighting back the growing sense of unease. Something about the place reminded her vaguely of a Borg cube. She firmly pushed down the ridiculous thought. This was a completely different situation, she told herself sternly, even if she did have the feeling that she was about to be assimilated.

"Captain Janeway?" A young woman who looked to be in her early twenties was standing before her.

"Yes, that's me."

"I'm Ms. Ray's personal assistant. She's expecting you. Come right this way, please."

As she followed the assistant, Janeway's eyes became adjusted to the low lighting and she saw various pieces of equipment and consoles scattered about. Over near a carefully arranged tableau of sofa, chairs and coffee table, a solid-looking woman with gray-blond hair stood with a padd in her hand, giving orders.

"OK, Marty, I want you call Walters and tell him---" She broke off when she spotted Janeway. "Captain Janeway, how wonderful to see you." She pumped Janeway's hand vigorously, and then stepped back, appraising her with a critical eye. "You're not wearing your uniform."

"I'm not here as an official representative of Starfleet, Ms. Ray, but as a private citizen."

"Ah, but your allure to the public is as a Starfleet captain…hmm, you know what, this will work even better. Tess!"

The dark-haired girl who had met her at the door stepped forward. "Yes, Liz?"

"This is Tessa Olmond," Ray said to Janeway with a casual wave of her hand. Then, "Tess, honey, run over to Makeup and have them send someone to do some touchups on the Captain." She cast a critical eye over Janeway's hair. "Maybe a stylist as well. Oh, and first bring us some coffee."

"Right away."

Ray watched her go. "Got to love those summer interns. This is a dream come true for her, Captain. She's a real fan of yours. Of everything and everyone connected to Voyager, as a matter of fact. You'd be surprised how many people share those sentiments."

Janeway felt the time had come to assert herself. "Ms. Ray--"

"Please, call me Liz."

Janeway nodded. Just as long as Ray--Liz, she corrected herself--didn't expect a reciprocal use of first names. "Look, I called you because I wanted the opportunity to set the record straight, as far as my crew are concerned."

"I'm aware of that." Ray smiled. "I caught your testimony at the trial. And you're right, public opinion is another battle your side should be waging, if you expect to get your Maquis exonerated."

The coffee arrived and Janeway sipped it gratefully. Ray had turned around to deal with something else. Left alone for the moment, Janeway studied the journalist who had been pursuing her eagerly for months. She was under no illusions. Ray wanted a story, plain and simple. The media, and the general public, were very interested in finding out more about the heroic crew of Voyager. So far they'd been held pretty much at arms' length. Janeway sighed. If only she and the others had taken advantage of this wave of public adulation upon their return, maybe the situation facing the Maquis right now would be different. But there was no sense in dwelling on the might-have-beens. She'd gone through all the official channels, and now it was time to try another gambit.

Ray came back just as Janeway was setting down her empty cup. "We're going to begin in a few minutes. Do you have any questions?"

"Yes, I do," Janeway said. "Not so much questions, as a few stipulations."

Ray looked at her, a half-smile on her face. "I suppose you'd like to declare your personal life off limits?"

Janeway felt her own face growing hot. "Yes, I would, as a matter of fact. I'm here to talk about my crew and our experiences together in the Delta Quadrant. I really don't think anything about my personal life is relevant."

"Come on, Captain. Surely you realize that in this situation, anything is fair game? And do you really think the public is interested in hearing the details of Voyager's drive system? It's all those personal interactions, the human aspect of life in the Delta Quadrant, that makes all of this interesting." Ray waited, perhaps to see if Janeway was going to walk out of there right now.

The thought did cross Janeway's mind. But she had already committed herself to this interview. And besides, the stakes were too great. She needed to do this, for the sake of her crew.

Ray continued to gaze at her appraisingly. She suddenly reached over and patted Janeway's arm. "Don't worry, Captain, despite my reputation, I'm not in muck-raking mode today. It's in my best interest to present you in the best possible light. This time."

Wordlessly, Janeway sat down in the interviewee's chair. At a nod from Ray, a makeup assistant came over and began fussing with her hair.


Chakotay couldn't quite conceal his surprise when he was ushered into a large conference room. He glanced around and saw the other Maquis gathered there as well.

Dalby came over. "Do you have any idea of what's going on, Chakotay?"

Chakotay shook his head. "Your guess is as good as mine. I'm as much in the dark as the rest of you."

The door opened again, and Gerry Cardozo entered. Her face was flushed with excitement. She was immediately surrounded, everyone talking at once.

"Listen up, people!" Cardozo said loudly. The noise level subsided somewhat. "I've just come from a meeting with the Judge and prosecution."

"Let me guess, they changed their minds about putting us on trial?" called Ayala, a hint of sarcasm in his voice.

"Not quite," Cardozo said with a smile. "There's going to be an official announcement in a few moments, but the President of the Federation has granted a general amnesty for all of the Voyager Maquis."

"What?"

"We've been pardoned?"

"Are you serious? It's all over, just like that?"

"That's right," said Cardozo. "No penalties. You're all free to go."

Pandemonium broke out as someone started to cheer, and everyone else began talking and laughing. There were several hugs and much back-slapping. Cardozo was surrounded by her former clients and nearly disappeared under the sea of bodies.

After a while, things calmed down enough for Henley to be heard saying, "I don't know how you did it, Counselor, but boy do we owe you one for getting us off!"

"I wish I could take credit for this one, but in all honesty I can't," said Cardozo, still trying to catch her breath. "No, this came straight from the President's Council. Apparently, there's been a major swing in public opinion and the President found himself under some pressure to issue a pardon." She nodded in satisfaction. "It may interest you to know that Captain Janeway was actively leading the campaign, complete with several public appearances on your behalf. At any rate, all the charges have been dropped." She seemed to recollect something. "Oh, there's been no official reaction from Starfleet Command yet--probably won't be for another few days--but it's more than likely that this decision means Starfleet will honor your field commissions. Those that wish to continue serving may do so, and for those who want to sever their connection with the 'Fleet, there will be honorable discharges and pensions based on length of service. Of course, you don't have to make any decisions now."

Over the cover of the babble of excited voices that broke out once more, the defense counsel made her way over to where Chakotay was standing. "You don't look very happy, Commander."

He looked at her. "What's going to happen now with the trial, Gerry?"

"Well, in hindsight, I guess I shouldn't have wasted so much time preparing my closing arguments, as I'm not going to have a chance to present them now. But don't let that bother you." She saw the expression on his face then and her joking manner vanished immediately. "What is it?"

"What about the other Maquis?" he asked. "The ones still in prison?"

Understanding dawned in her eyes. "I'm sorry, Chakotay, but the pardon only applies to the Voyager Maquis. The situation of the others remains unchanged."

"But that's not right!"

"It may not be right, but that's the way it is. You and your people were explicitly pardoned in recognition of your services aboard Voyager. Your past crimes have been forgiven. But the fact remains that they are still considered crimes."

"So the others continue to rot in prison while we walk away free."

"I know you're not too happy with it, Chakotay, and I sympathize. But that's the way it is. I know you wanted to use this opportunity to draw attention to their plight, and I was willing to go along with it. Hell, I was going to put you on the stand and let you spout pro-Maquis rhetoric, in between avowals of loyalty to the Federation and its ideals. Or at least, I was considering it. But now it's too late."

"No, it's not. We can still use this to help them."

"Chakotay, we can't do that. In the eyes of the public, there are 'good' Maquis, and 'bad' Maquis and never the twain shall meet." She patted his arm. "Starfleet has lost enough face over the pardons today. Give it some time. Maybe in another few months, when things settle down a bit, we can send out some feelers, make some preparatory moves towards getting their case reopened."

"Months," he repeated in dismay. "And what the hell am I supposed to do in the meantime?"

"You can concentrate on putting your life back together again," she said sternly. "Maybe try and track down your old friends and family, decide what you want to do with the rest of your life. For months now, you've had this cloud hanging over you. Now you're finally free."

He stared at her, wondering if she really believed that. Then he mentally shook himself. "I'm sorry, I haven't yet thanked you for everything you've done for us."

"I was doing my job, Chakotay, and I just wanted to do my best for you. For all of you. I promise, I won't forget about the other Maquis."


Janeway signaled outside Chakotay's apartment. There was no response, which was odd. She'd called earlier, and he had not hesitated when she'd asked if she could stop by. She was just about to hit the panel again when the door opened.

"Hi, sorry, I was in the other room. Come on in."

She followed him inside, glancing around curiously. It was virtually identical to every other 'Fleet singles apartment she'd ever been in, with the same hotel-décor beige and tan furnishings. She was surprised not to see any of Chakotay's sand paintings or other works of art in evidence. She suddenly realized that there were no personal touches at all.

As she sat down on the couch she caught a glimpse of boxes through the open bedroom door. It struck her that he was in the midst of packing. Some of the joy she'd been feeling since the day before, when the news had come through about the Maquis, faded a little bit.

"Would you like something to drink?" Chakotay asked, heading over to the replicator.

"No, thank you. I'm fine." She leaned back and watched as he got himself a glass of juice. "How are you doing?"

"Fine, I guess." He shrugged. "I'm not quite sure it's all really hit me yet."

"The trial did end rather abruptly," she agreed. "But fortunately, it had the right outcome."

"Did it?" he asked, coming to sit down next to her.

"Of course it did," she answered and gave him a puzzled look. "You were exonerated."

"We were pardoned," he corrected her. "Meaning our actions are still considered crimes, but the Feds decided to forgive us anyway."

"Does it matter?"

"I think it does," he said quietly.

Something was wrong. She said carefully, "For someone who's just been set free, you don't seem very happy."

"Well, I'm not."

"Surely you wouldn't prefer being in jail."

"In some ways, I would." He took in the stunned surprise on her face. "You don't get it, do you, Kathryn? I'm free to go, as are the members of my cell. But what of the others? They're still imprisoned for their 'crimes' of fighting for their homes, for the right to live the way they choose. They didn't do anything that I didn't do. Yet the Federation is upholding a double standard," he said, his bitterness apparent.

"There is a difference between you and the other Maquis, Chakotay," she said patiently. "Your actions on Voyager--"

He cut her off abruptly. "In other words, we're being rewarded for going over to the enemy and toeing the Starfleet line."

She ignored the comment about the enemy for the moment, and seized on the last part of his statement. "It was a lot more than 'toeing the Starfleet line.' You became a part of Voyager. There were no divisions between the crew, no distinctions between who was originally Starfleet and who was not."

He shook his head. "You'd like to believe that, wouldn't you? We had a common goal, Kathryn, and our survival depended on forming an unbroken unit. Even then, there were bumpy spots." He paused. "And I don't think any of us ever truly forgot who we were."

"Are you telling me it was all an act, Chakotay?" she said, trying and failing to keep the hurt out of her voice. "I can't believe that. I know the loyalty that we all had for one another. I know the friendships that were forged over the years were real."

"They were, Kathryn," he said, taking her hand in his. "But that's because Voyager wasn't a by-the-book Starfleet vessel. It became a fusion of several different things, Starfleet and Maquis and Ocampan and Talaxian. Even a little bit of Borg. It was a wonderful thing that you accomplished. But it was a unique time and place that I don't think will ever be repeated. Things are different in the Alpha Quadrant."

"You say how wonderful it was on Voyager--can you just turn your back on it now?"

From the look on his face, he'd caught her unspoken implication. "You're asking me to turn my back on my people, and like it or not, Kathryn, the Maquis are my people," he replied, his gaze locked with her own. "Did it ever occur to you that I didn't care if I was convicted, as long as it could help the Maquis plight in the long run?"

She pulled her hand out of his grasp. "I always knew you were the noble type, Chakotay, but I didn't think you believed in sacrificing yourself for the common good," she said. "I seem to recall someone telling me once that it was an unhealthy tendency."

"Spare me the sarcasm, Kathryn. The point is, I had a chance to make a difference. I had the chance to help their situation." His voice increased in intensity. "But thanks to you, I'm seen as the exception. The 'good Maquis'. I told you once long ago that I wouldn't be anyone's token Maquis officer."

After everything she'd done for him, he was actually blaming her. "I did this for you--"

"But what about the other Maquis, the ones that didn't get a chance to 'redeem themselves'?" he shot back. "What about the cause that they were fighting for?"

"I don't give a damn about the other Maquis or their cause!" She caught herself. His expression told her she had just trampled on something very precious to him. "Oh, God, Chakotay, I'm sorry. All I meant was…" her voice trailed off.

Whatever storm had stirred in him was quiet. His voice was very calm as he said, "No, what you said just now--that's the truth. That's what you've been about since the very beginning, always faithfully looking out for your crew." He sighed. "But you can't fight every battle for us anymore, Kathryn. It's over. The time has long since come that you've got to let go and let us stand up for ourselves, let us live our own lives." He smiled, but it didn't reach his eyes. "You've got to just let go."


"The Admiral will see you now."

Janeway stood and followed Necheyev's aide into the inner office. She'd been waiting for over an hour; more than enough time to contemplate different reasons for why she had been summoned by her superior officer. One possibility, of course, had to do with her next assignment. Although officially still on leave for another two months, it was never too early to begin thinking about future postings.

She had always assumed that she would retain command of Voyager even after returning home. It was the usual Starfleet practice to keep captains and ships together till the two became indelibly associated with each other. There was Kirk and the original Enterprise, Sulu and the Excelsior, Jameson and the Gettysburg, Picard and the Enterprise-D, to name just a few. She herself had been in command of the Nobel for a number of years. There had been no reason to think that her experience with Voyager would be any different.

She'd made a quick trip over to McKinley Station the previous week. It had been strange to see Voyager completely encircled by docking pylons, massive cables and tethers holding the ship stationary as repairs to her hull were performed. The stationmaster had granted her permission to beam aboard. Except for Engineering, which was swarming with station personnel, the ship was deserted, its dimly lit corridors eerily silent. She had only seen her ship like this a few times in the past seven years, and it was usually a sign that something was wrong. Now, even though she knew the situation was perfectly normal, it gave her an uneasy feeling.

Part of it was undoubtedly some of the emotional fallout from the last time she'd seen Chakotay, after the trial. She hadn't consciously made plans for the future, but she'd suddenly realized that all along she'd been envisioning the two of them together on Voyager once more, setting off with the crew on a new mission of exploration, though this time not originating on the other side of the galaxy. Plans which had been shattered, when he told her he was leaving Starfleet. Not that she could blame him.

She sighed, and tried to focus once more on her impending meeting with Necheyev. It was also entirely possible that Necheyev was going to call her on the carpet regarding her recent behavior, her outspoken advocacy on behalf of the Voyager Maquis. Well, if Starfleet wasn't happy with her, they weren't the only ones. No good deed goes unpunished, her mother used to say. She was learning the truth of that statement for herself.

Necheyev looked up from her computer monitor. There was a scraping noise as she pushed her chair back and nodded a curt dismissal to the lieutenant who hovered in the doorway.

Any lingering doubts Janeway may have had as to the purpose of this meeting were swept away when Necheyev did not tell her to take a seat. Instead, she let the captain remain standing, while she regarded her in silence.

"Captain Janeway, your recent behavior was a disgrace and a betrayal of your duty as a Starfleet officer," Necheyev said finally. Her tone, while cold, was warmer than her eyes.

"With all due respect, Admiral," Janeway replied, "My actions were entirely in keeping with the standard of behavior Starfleet demands of its officers."

"Really?" Necheyev leaned forward and placed her elbows on the desktop. "That's an interesting way of describing badmouthing the organization you swore to serve and openly supporting a group of subversives who represent everything we're diametrically opposed to."

"Permission to speak freely, ma'am?"

"Go ahead, Captain," said Necheyev. She added, "Though I have no doubt you'd do so anyway. You seem to be speaking your mind quite often these days, with no regard to the proprieties."

"You mean washing Starfleet's dirty laundry in public," Janeway retorted. "There was no need to put the Maquis on trial--the time for that was long since past. They weren't the same people you ordered me to capture seven years ago. In light of their service, they should have received pardons immediately upon our return."

"It was not our place to decide. We let the matter go to the civil courts, whose responsibility it was. One of the democratic aspects of our society, after all. But you helped to circumvent that process."

"I played a role in preventing a serious miscarriage of justice," Janeway said quietly.

Necheyev smiled, but it was not a pleasant expression. "Well, we'll never know for sure, will we?" Janeway didn't answer. Necheyev then said, "I've called you here today, Captain, because it's obvious you need to be reminded of a few basic things. For starters, what it means to be a Starfleet officer, and of the oath of duty you swore to uphold the principles of the Federation and to respect the rule of law."

Janeway kept her voice level. "I haven't forgotten my oath, Admiral, and there is no reason for you to question my adherence to Starfleet principles. Throughout my career, and in particular aboard Voyager, I have served this organization faithfully to the best of my ability, even when it was not the convenient choice, or the most expedient one. My recent behavior was in keeping with my duty as captain, doing the best I could in serving the interests of my crew. Just like I have done over the past seven years."

"That's exactly my point," returned the Admiral. "The time you spent in the Delta Quadrant made you forget that a captain is not an independent agent, is not the sole arbitrator of right and wrong and cannot change the rules when it suits her. We follow a hierarchy, Captain, there are checks and balances built into the system to prevent any maverick officers from overstepping their bounds." She rose and walked around her desk till she was standing face to face with Janeway. "The war the Federation just went through is proof of that. Perhaps if the Maquis hadn't sprung up, if so many people hadn't decided to take matters into their own hands, the Cardassians wouldn't have been so quick to ally with the Dominion. And without allies in the Alpha Quadrant, without a power base practically on our doorstep, the war would have been a lot less devastating."

"My responsibility is to my ship and crew," Janeway repeated. "You're arguing abstracts--I'm dealing with concrete realities. You have no idea what Voyager experienced, you have no way of knowing what it was like to be the only Starfleet vessel in an entire quadrant. I learned then, that as captain, my primary duty was to my crew. A duty I can't easily relinquish now."

Her words were met with silence. She waited, still standing stiffly at attention, expecting a harsh reaction from the Admiral.

"Perhaps," Necheyev said at last quietly. "I was once a field commander, Captain Janeway, and twenty five years ago, I might have made some of the same arguments you're bringing up now."

Janeway looked at her in surprise. She hadn't known Necheyev had ever captained a ship. She wasn't familiar with the details of the Admiral's early career but somehow had never envisioned her as more than a desk jockey. "As a former captain then, you should understand why I had no other choice."

The older woman shook her head. "Understand? Yes. But I can't condone it. There is one lesson which holds true as much now as it did in my day, a lesson which is so fundamental that nothing else can compete with it." Janeway almost thought she caught a note of regret as Necheyev continued, "When all is said and done, all we have left to us are our principles. Abandoning them can have serious consequences."


When she arrived back at her apartment, there were two messages waiting. Neither was entirely unexpected.

The first was from Chakotay, stating that he was returning to Dorvan. The message had been sent from the spaceport; he gave no forwarding address. There was no way she could respond, even if she had been inclined to do so.

The second was an official Starfleet communiqué. The Board of Inquiry had reported its findings and recommended that proceedings begin immediately in the court-martial of Captain Kathryn M. Janeway.

FINIS
The "Homeward Bound" series continues in  "The Best Years of My Life ."
 
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