Starship Armstrong - Season 2

Part 74 - The Trial Of Dr. Kang (X)

The next day the Prosecution called their star witness: Dr. Heliodore Kang. The second one.

This Kang came clanking into the courtroom in his largely metal body, wearing an incredibly expensive suit. The were a murmur in the court, even the jury box, as he entered. The Kang looked as smug as any Kang.

Mr. Diamond had been waiting for this moment.

"Your honor, I object to this witness," he said, standing.

"On what grounds?" asked the Judge.

"My client has the right against self-incrimination," explained Diamond "The Prosecution cannot compel him to testify against himself. Therefore only the Defence can call the other half of his brain as a witness."

"Your honor, we are not compelling anyone to testify," said Gibson, also standing "The portion of Dr. Kang's brain in question came to us and volunteered to testify. It's not up to the accused's attorney but the accused himself to decide whether or not he wants to testify."

"Dr. Kang, do you want the other half of your brain to testify?" asked Diamond.

"It'd prefer if it didn't," said Dr. Kang.

"There you are then," said Diamond "It's up to the accused and he says no."

"You both raise very cogent points," said the Judge "I don't feel comfortable making this call on the fly. We'll adjourn for the day and I'll accept written submissions on a motion to exclude this witness."

The Judge banged her gavel.

* * *

Captain Littlecrow was leaning against a wall, waiting for McAfree as she was discharged from the station jail. She came walking through the sliding door, looking sheepish.

"Thanks for bailing me out," said McAfree "I have to admit you're not the person I expected to do it."

"Don't thank me thank Dr. Kang," said Littlecrow "He's the one who asked me do it."

"Thanks to you both then," she said "I hope you can pass that message along to him for me. No offense to any of you but I'm going to go ahead and disappear for a while now."

"Oh no you aren't," said Littlecrow "I bailed you out so that makes you my responsibility. Until you make your court appearance I'm your babysitter. You're coming with me."

"Is it too late to go back to jail?" McAfree turned to ask the guard.

* * *

In their written submissions the Prosecution asked to amend the list of proposed witnesses to add a last-minute witness to testify on the issue of self-incrimination. The Judge granted this request and the next day psychologist Dr. Mirembe Ivanov was called to the stand.

Dr. Ivanov wore thick glasses and a muted pantsuit. She sat in the witness box with the easy comfort of someone who had testified in court many times before.

"Could you state your name for the court?" asked Gibson.

"Dr. Mirembe Ivanov," said Dr. Ivanov.

"And what is your profession?" asked Gibson.

"I'm a psychologist," said Dr. Ivanov.

"Have you ever been certified as an expert by any Martian court?" asked Gibson.

"Yes, I've been certified as an expert in the psychology of the machine/mind interface over fourteen times."

"I'm already satisfied that the witness is an expert in her field," said the Judge "You may proceed."

"Dr. Ivanov, have you had the opportunity to examine Dr. Kang?" asked Gibson.

"I was able to examine one of the Heliodore Kangs," confirmed Dr. Ivanov.

"Can you describe the nature of his condition to the court?" asked Gibson.

"Certainly," said Dr. Ivanov "Dr. Heliodore Kang has one of the most elaborate bran implants I've ever examined. Like most people with extremely large implants he removed sections of his brain made redundant by the implant to make room for it. This particular subject took the unusual step of removing half of his brain to make room for the implant, and then keeping the remaining half alive. This is the Dr. Heliodore Kang sitting in court today accused of murder. This is not the Heliodore Kang I examined."

Dr. Ivanov adjusted her glasses.

"The Heliodore Kang I examined was the remaining half of the brain, which was also combined with an elaborate brain implant to create a single mind. This brain is now in an artificial body and this is the Heliodore Kang on the witness list."

"Are they the same person?" asked Gibson.

"Not in any meaningful sense, no," said Dr. Ivanov "It might be useful to think of them as separate instances of the same person, but fundamentally they are separate individuals. They have separate memories and life experiences. They are no more the same person than two identical twins are the same person."

"In your professional opinion, what would be the most reasonable way for the court to treat the Heliodore Kang on the witness list?"

"As an entirely separate person," said Ivanov, firmly "Given that he has his own self separate from that of the Heliodore Kang who stands accused his testimony cannot be self-incriminating against a wholly other self."

"Thank you, Doctor," said Gibson "Your testimony has been very helpful in illuminating this difficult and novel situation. No further questions, your honor."

"Your witness, Mr. Diamond," said the Judge.

Mr. Diamond stood, took his time walking over to the witness box, and leaned casually against it.

"I only have, uh, one question," he said "Were you paid for your testimony today?"

"YOUR HONOR I OBJECT!" shouted Gibson, standing so violently he almost knocked over his chair.

"Cheerfully withdrawn," said Diamond, raising his hands "I have no further questions."

"The jury will disregard that last question," said the Judge directly to the jury "You're on thin ice Mr. Diamond."

A few hours later the trial adjourned for the day. Dr. Kang was set to testify again himself tomorrow.