When Malcolm stumbled into HQ, it was about oh six thirty or so. His plastic key card opened the door and he fell into bed, not even bothering to strip out of his full dress uniform, he was so tired.
=/\=
He didn't know what time it was when there was a door chime. Disoriented, he answered it, feeling grimy and unshaven and otherwise unkempt. "Yes?"
"Lieutenant Malcolm Reed?" It was two men in military police unis who were asking.
"Yes, that's me."
"You're being detained. You are not to leave this building except under escort."
"I beg your pardon?"
"Lieutenant, the Judge Advocate General's Corps has been called, and they will provide representation."
"Representation? But why?"
"For the rape and attempted murder of Ruby Brannagh."
=/\=
Similar scenes were playing out all around Starfleet HQ, and even in the places where all of the male crew members from the NX-01 and the NX-02 had gone, if they were offsite.
Bruce Chalfont was located at his family's farm in Iowa. Rex Ryan was picked up from a transport station in Holland, where he had wanted to go sightseeing. Lloyd Ketchum and Kelsey Haber were in Vegas. Frank Todd was in Provincetown, Massachusetts. Gavin Prentice was playing golf in Atlanta. Tony Vittorio and Craig Willets were brought in from their parents' homes.
Everyone was told as much as Malcolm was and, after he'd been allowed to shower, shave and change into clean clothes, he was brought to the building's huge Mess Hall. Everyone else was there. The men of the NX-01 and NX-02 were on one side and the women were on another. Even Captain Archer was there.
There was a ding on Malcolm's PADD, a message. He noticed there was actually a pair of messages. He got a cup of tea and set Lili's aside for later, for private time. But first there was a note from the investigative team. There was only one question – Did you go to the 602 Club on August 15, 2160?
He answered in the affirmative and was immediately sent an automated response. Go to Room Six. He got up, and noticed other men getting up as well. They'd undoubtedly been given the same instruction.
It was Brooks Haynem, Daniel Chang, Tristan Curtis, Mario Lattimer and then he saw others he didn't remember seeing at the bar. They must have gotten in after he'd left – Mark Reilly, Connor Greer, Gary Hodgkins and Billy Dane from Security. There were MACOs who must have also arrived later – Victor Brown, Neil Kemper, Eddie Hamboyan, Brad Moreno, Eric Forbes, Walter Woods and Oscar Tiburón.
And that was just the Enterprise's complement. There were plenty of men from the Columbia. And there was a MACO Major who Malcolm did not know but he thought might have been the fellow he'd nearly collided with when leaving the 602 Club. They, too, walked to Room Six.
=/\=
A Sergeant took attendance at the front of the room. A large man came over to Malcolm as soon as Malcolm acknowledged that he was present. The man stuck his hand out. "I'm Dash Nolan, and I've been assigned by the Judge Advocate General's Corps to, if it comes to that, represent you in this matter."
"Dash?" Malcolm asked as they shook hands.
"Yeah," he replied, "My twin sister is Dorothy. Our parents thought they were pretty funny. Anyway, about your case – we can get some privacy by heading out and talking a walk. There's a courtyard. It's technically on building grounds so we aren't offsite. That good for you?"
"Certainly, but I haven't eaten anything this morning. Although now that I think of it, I'm not so sure I've got much of an appetite."
"Well, let's get you something to go, okay?"
Malcolm got himself a bowl of oatmeal and another tea as Dash grabbed a coffee. The lawyer led the way.
There was a bench and they sat down. Dash clicked on his PADD. "I'm sure you're wondering what the hell is going on."
"I am."
"All right, well, I can tell you some things, and then there are other things where I'll need to ask you questions. But before I go any further, I want to know if you have any sort of an alibi or a possible alibi, to cover yourself from, uh," he checked his notes, "it looks like oh two fifty to oh four twenty this morning."
"I was out walking."
"So that would be a no," said Dash, "It's okay. It's just a higher degree of difficulty is all. Now, let's start with you. Never mind what happened. I'll tell you that once I'm done getting from you exactly what happened from your perspective, from maybe twenty-three hundred hours last night to when they picked you up this morning at, I'm guessing, oh eight hundred or so. You're on, Lieutenant."
"Before I begin," Malcolm said cautiously, 'I must ask you – have I been arrested?"
"No. And no one else has, either – yet. See, Starfleet's got kind of an odd arrangement when it comes to the law. A JAG can work with either side of the aisle – defense or prosecution. That's always been the case. My name was picked at random to be your defense attorney," Malcolm frowned at Dash, who quickly added, "but that pool was of lawyers who have been around the block a bit. I am not some kid right outta Law School. Anyway, that's how you got me and not someone else. But you remember the PADD message about whether you'd gone to the 602 Club last night?"
"Of course."
"This is all a very preliminary investigation. But it was figured that guys who'd gone to the club would have a tougher time of it. Even just asking that question got a good chunk of police work done. For anyone who wasn't there, and has an alibi – that guy walks. For those who were there, but have alibis, or who weren't and don't have alibis, things are a bit more complicated. Then there's guys like you."
"Yes. It appears I have caught the short end of the stick in both instances."
"It doesn't mean you can't be exonerated. They still gotta prove things beyond a reasonable doubt and all. Hell, it doesn't even mean there's necessarily probable cause to arrest you. See, that's the gist of it. The JAG already has a petition in, looking to transfer jurisdiction over to a Starfleet court, instead of the First District, North American Subdistrict."
"First District, North American Subdistrict?"
"The Earth and its moon, Mars and its moons and Ceres are all First District. I guess if we ever colonize any other asteroids, they'll be in there, too. Second District is the Jovian moon system, et cetera, all the way out to the Sixth District in the Kuiper Belt. Other planets and their moons – like Andoria and Andor – are considered Allied District. And of course the North American Subdistrict refers to our fine continent."
"Right, yes."
"But between you and me, I think that petition's gonna fail. After all, the attack occurred outside of Starfleet property and the victim's a civilian. So it's likely that you're stuck in the First District, et cetera. But talk to me about last night. What did you do when you first got here?"
"I went to my assigned room and dropped off my bag and changed into a full dress uniform. Then I went to a debriefing."
"I have that," Dash said, checking his PADD, "and it looks like it broke up late, almost midnight."
"Right. I got onto a train to Mill Valley and headed straight for the 602 Club."
"Okay. Did you see Ruby Brannagh?"
"I did, and we exchanged pleasantries."
"Pleasantries. Lieutenant, the victim was known for having what they used to call round heels over a century ago. You know; lots of lovers. Were you one of them?"
"Yes," Malcolm admitted, "but it was years ago."
"I see. How long did that relationship go on for?"
"It wasn't a relationship in any sense of the word. It was two, perhaps three times, we went to her apartment and, well, I don't suppose I need to get specific about it."
"No, not about ancient history. Er, how ancient are we talking about?" asked Dash, sipping his coffee.
"I don't believe it was any later than 2149."
"Okay. And her place, do you remember it? I know it was over a decade ago, but would you be able to find your way back there?"
"It's all filtered through a bit of a boozy haze. I recall a red beaded curtain between two rooms. But that's all I remember about the furnishings. I don't recall the exterior at all, or the street name or that sort of thing. I don't even know which town she resides in."
"Got it. So you're at the bar. Do you drink?"
"I ordered a pint of Guinness. And I had, perhaps, a quarter to a third of it, but no more before I departed."
"Why didn't you finish your drink?"
"There were some, I suppose they could be referred to as protesters."
"How many?"
"I don't recall. Four? Five, perhaps? They were distasteful and it seemed a fight was imminent. Ruby threw them out."
"So a fight shouldn't have been imminent anymore."
"I suppose not. But it was still a bit upsetting, so I left, just the same."
"Do confrontations bother you, Lieutenant?"
"Excuse me?"
"Personal confrontations. Do they upset you?"
"I don't know what you're implying." Malcolm bristled a little.
"I want you to understand something. I am in fact-finding mode right now. But I am also in the process of starting your prep. Because they are gonna ask you things like that. So I ask you again – do personal confrontations bother you?"
"I – not particularly. Most of my dealings with people are pleasant ones."
"But this one was unpleasant, right? And so you fled. Where did you go?"
"I walked 'round Mill Valley," Malcolm stated.
"How long were you upset?"
"I don't know. I didn't check my bloody PADD for the time to find the precise moment when I felt better." Malcolm responded a bit forcefully.
"Listen," Dash said, "I don't ask these things to be a pain in the ass. I ask them in order to establish – or refute – motive, means and opportunity, as those are going to be on the prosecutor's mind when that office starts putting together whether they've got probable cause to arrest you. You've already got opportunity, seeing as you were in the area at the right time."
"Right," Malcolm said absently, "I apologize. I know you're only trying to help me. I just, I wish I knew the particulars of the matter."
"Never mind that for now. Let's just get through what you did. Then I'll tell you what I know. So you walked around. Then what?"
"There's a lot of golf courses and the like 'round there. Eventually I found a train station and returned to the Starfleet compound. I got to my assigned room and I went to sleep. The next thing I knew, the door was chiming."
"Okay. I can get your surveillance camera footage from the train stations and the HQ entrance. Maybe we can shave some time off, yank away some of your opportunity. It's not a get out of jail free card, but it's a start."
"Thank you."
"I'll tell you now what we know happened."
"Very well." Malcolm drained the last of his tea.
"Ruby Brannagh had a packed house for most of last night, but she closed as normal, at oh three hundred hours or so. We don't know yet whether anyone was with her when she closed the bar for the night. She then walked home. Somewhere in there, she either met someone or was followed home or, maybe, took someone home with her. In any event, she voluntarily let them into her apartment as there are no signs of forced entry."
"I see." Malcolm steeled himself for the rest.
"Now, reports are still coming in, and medicals aren't done yet, so bear with me on that, but," Dash paused for a second, "Ruby Brannagh was raped and beaten, and left for dead. A neighbor saw an open door at about oh four thirty hours and got suspicious, and called the authorities once he went in and found her."
"If it's a sexual assault," Malcolm said, "Wouldn't there be DNA evidence?"
"There isn't any," Dash said, "oh, there's plenty of genital trauma, so it's definitely a rape. But there's also some evidence of latex residue. That means a condom was used. Now, you know, and I know, that condoms are pretty much never used between humans anymore, although there are exceptions. But for most people, you just get the birth control shot, and you're good to go. And she had definitely gotten the shot."
"Now I understand why so many members of Starfleet stand accused," Malcolm said, "it's because we're issued condoms in the event of alien sexual encounters."
"Right. Part of that's the Tucker Rule – you know, don't get anybody on the other side of the galaxy pregnant. The other part is that God only knows whatever diseases are lurking out there. Our own venereal stuff is long cured, but who knows what Tellarites have?"
"Understood."
"The Starfleet issue are heavy duty, too, with a serious spermicide. That stuff'll kill anything. Actually, you ever use 'em?"
"That's a rather personal question, don't you think, Counselor?"
"Get used to personal questions. But it's not for my own prurient interests. It's a question of familiarity of usage, chain of custody and that sort of thing."
"Chain of custody?"
"Where the condoms were, who had them, and when. And I say plural because there is a slight chance that there's more than one perp. So?"
"Actually, I have used them." Veylo.
"It's a packet of five. How many did you use?"
"I don't know. Two or three, perhaps. It was 2153. That was the only packet I was given. I did not get a second one and did not request one."
"You have any girlfriends since then?"
"Hmm? I was always taught that a gentleman never kisses and tells."
"Motive, remember? Now spill."
"Two, really. I had some encounters, but there have been two major relationships – the current one and one previously."
"Got it."
"What are Ruby's injuries?" Malcolm asked, changing the subject although he wasn't so sure he really wanted to know.
"Genital trauma, like I said, cuts and abrasions and the like; fractured right orbital bone – that's right over the eye – separated right shoulder, bruised right kidney, broken jaw on the right side, severe concussion, fractured skull, and that's only what I've been told. She's in a coma, Reed."
Malcolm blanched. "Is she going to die?"
"I'm no doctor. But if she does, they are gonna move even more quickly, and that hammer is gonna come down hard. Now, it's obvious she was roughed up a lot, and by a guy who favored his left side but wasn't necessarily a leftie. But I still can't get over the fact that it seems to at least have started off as consensual. You were with her, back in the day. Did she like it rough?"
Malcolm sat there for a second, mouth agape. "I understand what you're doing, Counselor. Yet it remains offensive."
"Trust me, Reed; the prosecutor will get a lot more offensive."
Eddie Hamboyan and a woman who was clearly his assigned attorney entered the little courtyard area. "Here, let's move," Dash suggested.
But there didn't seem to be anywhere else to go, as there were so many men still under the detention order. Are there that many men without alibis? Malcolm thought to himself. He finally said, "We could go to my assigned room."
"Lead the way."
=/\=
They got in and Dash took the one chair in the room, which was for a small desk. "They gave you your own room, eh?"
"Yes, I suppose it's a small perk of being an officer."
"Armory, right?" Malcolm nodded. Dash continued, "So tell me, did Ruby Brannagh like it rough?"
"No," Malcolm said, "I'd have remembered that."
"Any other odd sexual play?"
"Like silk restraints, or that type of thing?"
"Yeah." Dash raised an eyebrow.
"Not that I recall."
"How do you know about that stuff?"
Malcolm bit his lower lip. "I had a girlfriend once who liked such things."
"Is that one of your more recent relationships?" There was another nod. "Well, they're gonna ask you about that. So you'd better come clean with me. Is this your current girlfriend?"
"No, this was in 2158."
"Got it. You know where this woman is?"
"Yes, she works on, huh, it's in the outer Solar System. It might be Charon."
"Okay, so she's way, way out of the First District. They won't subpoena her unless Brannagh dies."
"Is there a chance of Pamela being subpoenaed? I would much rather she wasn't. My parents know nothing of her. Frankly, they know nothing of any of my romances. It's just; I'd rather they didn't have to hear about that one in particular."
"There's always a chance that anyone you know, or mention, or have ever so much as have been seen with, can be subpoenaed. So you might want to tell them in private some time, if they arrest you. Now, when did you know her, and see her?"
"I dated her when she was on the ship."
"This Pamela was a member of the crew?"
"No, there was a medical program. She came with the rest of her small class."
"And people saw you together?"
"Most definitely."
"Would they remember her?"
Malcolm fiddled around with his PADD until he found a photograph of Pamela, who was a curvy blonde with bedroom eyes, wearing a low-cut cashmere sweater and a leather choker. "Oh," Dash said, taking a look, "She's hard to miss."
"Right that."
=/\=
They had talked for a while, including about Lili, and how Malcolm knew her, and the agreement among Malcolm, Lili and Doug, and even Doug's own paramour, Melissa.
"You've got a lot of loose ends, Mister Reed," said Dash, "lots of ways for a prosecutor to have a field day with you."
"I suppose my life is rather complex."
"There's an understatement. Now tell me," Dash said, "and I want to hear the truth – did you rape and assault Ruby Brannagh?"
Unflinchingly, and without hesitation, Malcolm looked Dash squarely in the eye and said, "Absolutely not."