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Stardate 2947.3
Starbase 11
The Enterprise is in for repairs caused in an ion storm.
In Kirk's report the
circumstances of Lieutenant Commander Ben Finney's death are reported to
Commodore Stone. The records need to be watched and as Spock brings the computer
visual tape he tries to warn Kirk: The tape shows Kirk jettisoning the pod
Finney was in during yellow alert. But before he can do so the tape is watched.
Kirk is sure to have warned Finney at yellow alert and only pressed the button
at red alert. Kirk now stands trial for possible court-martial for the death of Finney.

Jamie, Finney's daughter accuses Kirk of having murdered her father.
The prosecutor Lt. Areel Shaw is an old girlfriend of Kirk's. She clearly tells him
that it is her duty to get him convicted. For his defense Samuel T. Cogley comes in.
Though both believe Kirk could not possible have misjudged the moment, both know as
well how tough it will be to win against obvious prove.
Spock does his best to witness for the captain, but he, too, cannot alter the fact
shown on the tape.
On board of the Enterprise he has been confronted by McCoy about playing chess against
the computer while his friend and captain is on trial. Now Spock explains that he has
won several games straight. There is no way he could have achieved that in case the
computer was operating normally. Suddenly McCoy's interested in Spock's chess games.

They try to find a way to use this knowledge for their friend. Later Spock is called
back in the witness seat and appears with the information about the malfunction of the
computer.
Cogley relates the findings to the case and convinces the jury reconvene on
board the U.S.S. Enterprise.
On board Spock explains that someone has tampered with the computer, adjusting its memory.
When asked who had the access and the knowledge to re -program the computer, Spock names
himself, Kirk or Records Officer Ben Finney.
Cogley then suggests that Finney is still
alive and hiding somewhere on the U.S.S. Enterprise.
It is stated that they had had an extensive search going on. Cogley makes it clear
that a person only can be found if he wants to be found. Preparations have been made
to eliminate all sounds on the Enterprise. Except the transporter attendant all crew
is beamed down. The jury on the bridge now only hears one kind of sounds – heartbeats.
Dr. McCoy goes to each person using a device to eliminate the sound of his/her heartbeat,
too.
In the end everybody's heartbeat is subtracted from the sound sources and still
a heartbeat is heard – Finney is on board and alive.
Finney is found and tells Kirk that he hates him for having reported a mistake of his
while they were in training, hindering his carrier for a long time. Finney now has
faked his own death to discredit Kirk. A fight begins and Kirk wins. Ben Finney will
now be defended by Cogley.
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