You all right?
What time is it?
Your hearing starts in four hours.
I suggest trying to get some sleep.
You've got a big day ahead of you.
This hearing will come to order.
We are here to consider the request of the Klingon Empire
that Lieutenant Commander Worf
be extradited for trial on charges of murder.
You may present your charges.
The Klingon Empire makes the following allegations
against Lieutenant Commander Worf:
That on stardate 49648
while commanding the Starship Defiant
he knowingly fired upon
and destroyed a Klingon civilian transport ship
near the Pentath system.
That as a result of that action
441 Klingon civilians were killed.
It is my intention to prove
that Mr. Worf was grossly negligent
in his command of the Defiant.
That his lust for combat overrode his good judgment.
I ask only that he be returned to us
to face the judgment of his own people.
The Advocate neglected to mention
in his opening statement that at the time in question
the Defiant was under attack by two Klingon warships.
This was a combat situation with hundreds of lives at stake.
It was at that moment, when suddenly
the transport ship de-cloaked in front of the Defiant.
Worf gave the order to fire.
Not because he was reckless or negligent
but because he believed he was firing on a warship.
We intend to show that the destruction of the transport
was a tragic but unavoidable accident.
I will hear formal evidence
beginning tomorrow afternoon at 1500 hours.
I want to know everything there is to know
about the Klingon who was commanding that transport ship.
You suspect it wasn't just an innocent passenger run.
I'm going to argue that he saw the battle
and then decided to join it
that he de-cloaked in order to attack the Defiant.
Not the smartest decision he ever made.
That's where you come in.
Use your contacts in the Empire
and find out something about this Captain I can use.
Was he reckless?
Did he have a reputation for drinking?
Did he have a death wish? Something.
I'll see what I can do.
The witnesses I intend to call.
A remarkable station, Captain.
We don't get many Klingon visitors anymore.
After this case is over
you might be seeing a lot more of us.
When Worf is extradited
the Federation will be forced to admit
that one of its officers committed a massacre.
That will put you on the defensive
throughout the Quadrant.
And while you're busy trying to repair
a badly damaged reputation
we'll find ourselves with certain...
An opportunity to annex more Cardassian space
and set up additional military bases in this sector?
But in any case, Worf is about to present us
with something we never could have won in battle.
Any move we make against you
will be seen as a legitimate response
to an outrageous slaughter.
You're presuming an awful lot.
Worf maintains his innocence.
And you're about to remind me
that the burden of proof is mine.
It's an interesting system ofjustice you have, Captain.
It does have its flaws, however.
It emphasizes procedure over substance
form over fact.
I'm sorry if you feel it puts you at a disadvantage.
On the contrary.
I look forward to fighting on your terms.
This is not a fight.
It's the search for the truth.
The truth must be won.
I'll see you on the battlefield.
I have studied Commander Worf's reports
the Defiant's sensor logs
and the reports of the other officers on the Bridge.
And I believe every word of it.
It's a matter of pride for the Federation
that Starfleet officers never lie or commit fraud.
So I will accept the facts of the case
as they have been submitted.
Admiral, if there are no facts in dispute
then this hearing would appear to be at an end.
We Klingons are not concerned
with matters of fact and circumstance.
What matters to us is what was in Worf's heart
when he gave the order to fire.
Was he just a Starfleet officer
doing his duty, or was he a Klingon warrior
reveling in the battle?
That is why I am here.
Because if he was a Klingon
Iost in the bloodlust of combat
only we can judge him, not you.
We can't put a man's heart on trial.
It's a subjective issue
that cannot be reasoned in a court of law.
I ask that the Advocate be limited
to arguing the evidence in this case.
Someone told me this was a search for the truth.
Should we not follow that search wherever it takes us?
The question of Commander Worf's motive is relevant.
I will allow you to explore this issue
but only as far as logic permits.
I bow to your judgment.
You may call your first witness.
You are considered something of an expert
on Klingon society, aren't you, Commander?
My previous host, Curzon, would have called himself an expert.
I tend to think of myself
as having a passing familiarity with your culture.
In your opinion, as someone with a...
passing familiarity with our culture
wouldn't you say the Klingons are a violent, warrior race?
Yes, there is that aspect to your people.
Would you agree that one of the things
that makes a Klingon warrior so formidable
is his predatory instinct, his blood lust, if you will?
I'd agree with that.
Now, when Worf was on the Defiant
engaged in combat, don't you think
his predatory instinct took over?
I think that instinct was present
but I've seen Mr. Worf restrain it before.
How do you know so much about how he behaves in battle?
In the holosuite, we've fought many times.
You mean you practiced with Mr. Worf.
You played with him.
When we fight, we fight.
I've made it very clear to Mr. Worf
that I never want him to take it easy on me
because I'm a woman or a Trill.
Have you ever been injured?
A few bruises here and there.
A broken finger once.
Nothing serious, and I've given him
a few lumps of his own.
So you're not afraid of Mr. Worf.
I'm no fool.
I can see the killer instinct in his eyes.
And I know he could kill me if he wants to.
But that look always goes away.
He knows when to stop.
Admiral, at this time
I would like to enter into evidence files I obtained
from the defendant's private data base this morning.
There's been no search order issued for those files.
This is a violation of Mr. Worf's privacy.
The Captain is correct.
Without a properly executed search order
or the permission of the defendant, any information
you have accessed from his private data base
may not be admitted into evidence.
Ah. I see.
Well, I obviously have no search order
so I'll ask you, Worf.
May I enter this file into evidence
or do you have something to hide?
Don't play his game.
I have nothing to hide.
Use whatever you wish.
Commander Dax, are you familiar
with the holosuite program known as "The Battle of Tong Vey"?
Yes. It's one of the programs
Mr. Worf brought with him from the Enterprise.
Describe it for us.
It's an historical reenactment
of one of the epic Klingon battles.
10,000 warriors under the command of Emperor Sompek
conquer the city of Tong Vey after a long siege.
A glorious battle.
When Worf recreates it in the holosuite
what role does he play?
Of course. The conqueror's role.
One of our greatest heroes.
Tell me, Commander.
What was the final order Sompek gave to his men
once they had conquered the city of Tong Vey?
He told them to burn the city to the ground
and kill everyone in it.
Not just the soldiers, but the people of the town, too?
when Mr. Worf runs this program, does he give the final order
to destroy the city and kill all of the inhabitants?
It's not the same thing.
It's a simulation...
Answer the question.
That's the way the program is supposed to end.
You have to give that command...
I ask that the witness be instructed
to answer the question "yes" or "no."
Yes or no, Commander.
Of course he does.
Because he is a Klingon warrior.
He doesn't have
the same moral code as a Starfleet officer.
He is one of us-- a killer, a predator
Restrain yourself, Advocate.
I have only one more question for this witness
when was the last time Worf used that program?
The day before he left on the convoy mission.
The day before. The day before.
I have nothing further.
Captain, you ordered Worf to command the Defiant
on the mission in question, did you not?
How did you describe the mission to Worf?
An outbreak of Rudellian plague
has struck the Cardassian colony on Pentath Ill.
The Cardassians are preparing several convoys
of medical supplies and relief workers
but the Pentath system borders Klingon territory
and the Cardassians are worried about raids.
Well, Pentath is a strategically important system.
The Klingons will try to stop them.
The problem is the Cardassians don't have enough warships
available to protect the relief convoy.
They've asked for Starfleet protection
and because of the humanitarian nature of the request
There will be seven convoys headed for Pentath Ill
in the next week.
Each of them protected by a Federation starship.
The Defiant has been assigned to escort convoy six
and I've chosen you to be in command.
Why did you select Worf for this mission?
I felt that he was an experienced officer
who was ready to take on greater responsibilities.
He had a distinguished record
and obviously understood the Klingons.
Weren't you a little worried, Captain, that Worf--
a famed Klingon warrior--
might jump at the chance for combat
and forget about the plague victims?
If I were, I wouldn't have given him the assignment.
And you're sure you made your instructions
perfectly clear-- that Commander Worf
knew he was on a humanitarian relief mission
that he was not being sent out to seek combat?
Thank you, Captain.
I have nothing further for you.
Captain, since you are also acting as defense counsel
if you wish to add anything to the record
you're free to do so.
Not at this time, Admiral.
Call your next witness.
It was about 1700 hours.
I was doing some cleanup work.
Dr. Bashir was at the bar talking to Etheria
one of the dabo girls.
Have you ever seen the wormhole open?
It wasn't Etheria; it was Glidia.
Have you ever seen the wormhole open?
Or was it... Midia?
Mr. Quark, is this necess...?
No, no. No, it was Ralidia, and she was with Morn
and he was the one who turned to her and said...
Can we get back to the matter at hand, please?
Um... well, as I said
I was cleaning up, and I saw Mr. Worf come in.
Was there anything unusual about that?
No. He comes in here all the time.
But he was in a good mood.
And that's unusual?
Well, he's a Klingon
and you people are rarely in what I would call good moods
not that you're anything but a pleasant, charming race.
Let's get back to Mr. Worf.
Describe what happened next.
He came in, he ordered a drink-- prune juice, I believe--
and we started to talk.
I'd heard about the convoy mission
so I asked him about it
and he said he was going to be commanding the Defiant.
What was his attitude?
Hard to say.
He's a very private man.
He doesn't share a lot with his bartender.
Did he seem...
afraid of the mission?
Did he seem excited by the mission?
Not excited exactly.
Then what exactly?
I just remember asking him...
What happens if the Klingons go after the convoy?
And then he got this funny look on his face.
He put down his prune juice
Iooked me right in the eye, and then he said...
I hope they do.
"I hope they do."
Well, it would appear
Commander Worf's hopes were answered.
I have nothing further.
What do you have for me, Constable?
Background on the Klingon transport captain.
He'd never been in the military
and he was known to his family and friends
as a quiet, efficient man who was content in his position.
Doesn't sound like a man
who'd suddenly decide to take on the Defiant.
What about this story of theirs that the transport ship
just wandered off course into a combat area?
I checked the flight plan the Captain filed
and the projected course was near the border.
It would have taken only a very slight error in navigation
for the ship to stray into the fight.
But why did he drop his cloak right in front of the Defiant?
Ah, that's the question no one seems able to answer.
No one seems able, or no one seems willing?
Oh, they're too willing
to answer questions-- that's the problem.
I'm always suspicious of people
who are eager to help a police officer.
Start looking into the passengers on that ship.
Maybe someone with a grudge against Worf
or the Federation was aboard--
someone who could have seized control
of the ship and taken it into the battle.
I'm reaching, I know.
But at the moment, it's all we have.
I'll keep looking.
There were two Klingon ships--
a bird-of-prey and an old battle cruiser.
One would engage us while the other went after the convoy.
Then they'd switch.
The first ship going after the Cardassians
while the second ship came after us.
We've lost the number three starboard shield.
The cruiser has taken us too far away from the convoy.
Try to keep our port side to the Klingons.
This went on for-- I don't know, maybe five minutes.
They'd come at us, try to draw us away from the Cardassians.
We'd head back.
Then the bird-of-prey came toward us off the port bow.
I have phaser lock.
We damaged them but not much.
We'd seen them do this cloak- and-run maneuver a few times
and Commander Worf thought he saw a pattern.
We have them now.
Come to course 185 mark 278.
Stand by quantum torpedoes, full spread.
I ran a quick sensor sweep then I reported.
I'm picking up a tachyon surge directly ahead.
When did you realize it wasn't a bird-of-prey?
As soon as it exploded.
Oh, my God.
We were all stunned.
I scanned for survivors, but there were none.
Chief, do you believe
Worf was correct in giving the order to fire?
I stand by his decision.
Is there any question in your mind about his motives?
I've known Commander Worf for nine years.
He's an honorable man.
He would never intentionally fire on an unarmed ship.
Thank you, Chief.
I'm curious, Chief.
You say you stand by Commander Worf's decision.
Do you agree with it?
I completely support him.
That's not my question.
Do you agree with his decision?
I wasn't in command.
It's not my place to question his judgment.
What if you were in command?
What would you have done?
I don't know.
Chief, how many years have you been in Starfleet?
And how many combat situations have you been in?
I couldn't even guess.
For the record
Chief O'Brien has been in 235 separate engagements
and Starfleet has decorated him 15 times.
I would like to have him declared an expert
in the area of starship combat.
Chief O'Brien, if Mr. Worf had been injured
could you have taken over command of that ship?
I would have.
Let's say that happened.
You're in command.
You're chasing the bird-of-prey.
You anticipate your opponent's maneuver
so you give the order.
Come about to 185 mark 278.
Stand by quantum torpedoes, full spread.
The crew obeys.
The ship comes about.
And then your helm officer tells you...
I'm picking up a tachyon surge, directly ahead.
Now, stop right there.
Freeze that moment in time.
Everything rides on your next decision.
Do you give the order to fire?
This isn't a fair question.
It didn't really happen this way.
I wasn't in command.
I'm not interested in whether you think
it's a fair question or not.
You're in command.
There's a ship out there de-cloaking.
You don't know what it is.
Do you fire?
But that's just my opinion now, after the fact.
I wasn't in command that day.
Things look a lot different when you're sitting in that chair.
I'm sure they do.
mind if I sit down?
I understand you're going to put Worf
on the stand this afternoon.
May I make a suggestion?
Let me take him back to the Empire
and I'll make sure he's not put to death.
In fact, I'll defend him myself.
What matters to me
is the thrill of the fight, not which side I'm on.
And I think we both know the extradition fight is over.
You're not making this offer out of kindness.
You want the Federation to concede
so the convoys will stop
and the Klingons can move in on the Pentath system.
As humans would say, that would be icing on the cake.
I wouldn't try eating that cake just yet, if I were you.
But you have told me one thing I needed to know--
you're worried about what Worf might say on the stand.
I'm not worried, but you should be.
Good news or bad?
Bad. I checked the backgrounds
of every passenger on that transport.
None had any connection with Worf
or grudge against the Federation
or any motive for seizing control
of the ship and attacking the Defiant.
But I'm still not giving up.
I appreciate that
but I get the feeling that at this point
the only one who can help Worf is Worf.
The escort mission had proceeded smoothly for two days.
We detected several subspace distortions
which might have been cloaked ships
but nothing definite.
So, what was the first sign of trouble, Mr. Worf?
There was no warning.
A bird-of-prey just de-cloaked off the port quarter.
Raise shields. Arm phasers.
Commander, another ship's de-cloaking.
It's an older battle cruiser.
She's going after the convoy.
Bring us about.
How did you feel when the Klingons attacked?
Were you excited?
I am a Klingon.
We live for battle.
So that's all that mattered to you--
the chance to fight?
No, sir. Whatever my personal feelings may be
I do not allow them to interfere with my duty
or my professional judgment.
Chief O'Brien says that he disagrees
with your decision to fire.
How do you respond to that?
I respect the Chief's opinion.
He and I have served together for many years
and I consider him a friend.
However, he was not in command that day.
What difference does that make?
It makes all the difference.
He is looking back at a decision
analyzing it weeks later.
As the Commanding Officer of the Defiant
it was my duty to look forward
to anticipate every possible situation.
Did you anticipate
encountering a civilian ship on this mission?
I knew our convoy would be passing
through civilian shipping lanes, but...
in my judgment, the chances of a civilian vessel
de-cloaking in the middle of a battle were remote.
I decided that if I were engaged in combat
I would not hesitate to fire at a de-cloaking ship.
Mr. Worf, I want you to think
about the civilians who died on that transport ship
and answer one question.
Under the same set of circumstances
would you do it again?
If I had hesitated, I would have been negligent.
I would have been risking my ship, my crew
and the entire convoy.
why are you considered an outcast among Klingons?
I sided with the Federation
during the invasion of Cardassia.
For that, Chancellor Gowron
stripped me of my name and my family honor.
So you acted out of conscience and you were punished for it.
How do you feel about that?
I am angry about the treatment I have received.
I felt it was unjust.
Of course you are.
Who wouldn't be?
What happened affected your entire family.
The House of Mogh was brought down.
Your brother was ejected
from the High Council in disgrace
your lands seized
and now your son, Alexander, has to bear the stigma
of being the son of a traitor.
Did I miss anything?
In your opinion
what do they think of you in the Empire, Worf?
I am hated.
Why? Because of what you did?
Are you sure it's not something more basic?
What is that supposed to mean?
Isn't it obvious?
You were raised by humans
and now you wear their uniform.
Haven't you really always been a traitor in your heart?
Are you telling us
that you live with humans, but your heart is Klingon?
But if your heart is Klingon
how could you fire upon your own people?
They fired the first shot.
And when that happened, they became my enemies.
Then why aren't you glad you destroyed that transport?
It was filled with your enemies and their children.
There is nothing honorable
about killing those who cannot defend themselves.
Are you telling me that you would never
attack a defenseless opponent?
No. I would not.
Maybe I was wrong about you.
Maybe you aren't really Klingon in your heart.
A true Klingon rejoices at the death of his enemies--
old, young, armed, unarmed.
All that matters is the victory.
Tell me, Worf--
did you weep for those children?
I grieve for them.
Grieve for them?
A Klingon does not grieve.
They died in glorious battle.
They are with the honored dead in Sto-Vo-Kor.
They do not want your grief.
You dishonor their memory.
You will say anything.
You have no honor.
I say this-- you live with humans
because you're afraid to live with Klingons.
I fear nothing
and if you would like to pick up a bat'leth
and face me with weapons instead of words
I will prove it to you.
You'd like that, wouldn't you, Worf?
You'd love to prove that you are as strong
and courageous as any Klingon warrior.
I am a Klingon warrior.
Advocate, you are stepping
well beyond the bounds of protocol.
And that is why you told the Ferengi
you hope the Klingons do come for you.
You wanted to prove yourself in the eyes
of the only people that matter to you--
This will stop, or I will hold both of you in contempt.
I apologize, Worf.
I pity you.
But the person I pity most is Alexander--
because one day, he will come to you and ask
"Father, who am l?"
And you will have to tell him
that he is the son of a small, frightened man
who destroyed a ship full of children
just to prove his own courage.
I thought you told me you'd never attack an unarmed man.
Perhaps you should have said
"not unless I get angry."
"Not unless I have something to prove."
I rest my case.
Captain's Log, Stardate 49665.3.
The hearing is in recess and Admiral T'Lara
has retired to her quarters to begin deliberations.
I wish I could be more optimistic about her decision.
Admiral, I apologize
for interrupting your deliberations
but I have some new evidence I'd like to present.
I'd like Advocate Ch'Pok to evaluate the evidence
as an expert witness on the Klingon Empire.
I will not compel you to testify, Advocate.
Care to step onto my battlefield?
Advocate, how would you describe the current relationship
between the Federation and the Klingon Empire?
There is no formal relationship between our two governments.
What would you call us?
Informal friends? lnformal enemies?
I would say
there is potential for either label.
But at the moment, neither is entirely accurate.
Would you agree that, at the moment
it is difficult for us to trust each other?
Difficult, but not impossible.
There are things that transcend our differences.
For example, we trust that this case
can be decided fairly.
We have faith in Admiral T'Lara's judgment.
Oh, I'm glad to hear you have
such a profound respect for the Admiral.
But would it be fair to say that outside this hearing
you do not entirely trust us?
Well, it is only prudent that we question your motives
now that we are no longer allies.
Of course, and it is only
prudent of us to question your motives.
After all, aren't there times
when you feel it's in your best interest to deceive us?
I object to the question.
It is vague and hypothetical.
Well, can you imagine any circumstance
in which the Empire would deceive the Federation?
I have a poor imagination.
Let's see what we can do to spark it.
Do you recognize these names?
These are the people who were killed on board the transport.
There are 441 of them.
The names and faces of these people
are seared into my heart.
This is a list of heroes
who died at the hands of a coward.
It is a list I can never forget.
They are an interesting group of people, aren't they?
From every walk of life--
merchants, soldiers, artists, shopkeepers...
We've done some checking in their backgrounds
and in our opinion
they all appear to be a random group of people
who shared only one thing in common:
They all traveled on the same ship.
Is that your conclusion as well?
And it was just fate
that led these particular people to board a doomed ship?
Fate is a human concept.
They simply boarded the wrong ship at the wrong time.
And then... they did it again.
I don't, uh... think I understand
your line of...
Three months ago
a Klingon transport ship crashed
in the mountains of Galorda Prime.
Of course, everyone assumed the worst--
that the passengers and the crew had all been killed.
But then, miraculously...
Do you know anyone who was on that ship?
Are you sure?
You have the names of the survivors right there.
I can understand your confusion.
The names in front of you are identical
to the names on this list.
The people who were killed in the Defiant incident.
So what does this mean?
441 people somehow survived a crash on Galorda Prime.
And then a few weeks later
they all decide to take another trip on the same day
on the same transport ship, under the same Captain and crew.
And then that ship is destroyed, too.
This is a very unlucky group of people, wouldn't you say?
I am not an expert on luck.
No. You are an expert on the Klingon Empire.
So, tell me, Advocate
isn't it possible that there were no civilians
on the transport Worf destroyed?
Isn't it possible that the ship he saw
was sending out false sensor images
and that this whole affair was staged
so that the only Klingon officer in Starfleet
would be accused of a massacre, and the Federation
would be forced to stop escorting the convoys?
Tell me, Advocate...
isn't it possible?
I thought you should know
O'Brien and Bashir are throwing a party for you at Quark's.
Looks like quite a bash.
I am aware of it.
But I have much on my mind.
Ch'Pok was right.
I did have something to prove
when I took command of the convoy.
And I did not realize it
until I stood there, looking down at him
blood trickling from his mouth.
In that moment, I remember thinking
finally, he had given me what I really wanted--
a reason to attack him.
And I had that same feeling
when the Klingon ships first attacked.
Finally, a chance for vengeance.
I should not have accepted the mission.
I am glad you realize that.
That was your first mistake.
What was your second?
When the ship de-cloaked
I should have checked the target before I fired.
You're damned right you should have checked.
You knew there were civilian ships in the area.
You fired at something you hadn't identified.
You made a military decision to protect your ship and crew.
But you're a Starfleet officer, Worf.
We don't put civilians at risk, or even potentially at risk
to save ourselves.
Sometimes that means we lose the battle
and sometimes our lives.
But if you can't make that choice
then you can't wear that uniform.
At ease, Commander.
Now, all that being true
the reality is no harm's been done.
There are no dead children on your conscience.
You got lucky.
I do not feel lucky.
And that's why, despite everything that's happened
you're going to make a hell of a Captain someday.
Now, let's go.
They'll all be waiting.
Look, this party isn't for you as much as it is for them.
Things got a little tense there for a while.
They need a release, a chance to celebrate.
But I do not feel like celebrating.
Part of being a Captain is knowing when to smile.
Make the troops happy-- even when it's
the last thing in the world you want to do.
Because they're your troops
and you have to take care of them.
Life is a great deal more complicated in this red uniform.
Wait till you get four pips on that collar.
You'll wish you had gone into botany.