Request of Lawful Information
Request of Lawful Information
Summary: Fotilas follows Zaharis' advice, goes to speak with Salin about Astyoche's case.
Date: 34 ACH
Related Logs: Anything with Asty or Fots having to do with each other

At this particular moment, Salin is seated behind his desk in his new and fresh office. Hey, even the coffee maker is new! There's a stack of paperwork on his desk, and he seems to be sifting through it, rather slowly.

And once more, the Colonel appears in Salin's doorway. Rather than barge in, he knocks on the doorstop. "Evening, Major. Got a few minutes?" Fotilas presumes nothing. On his second visit of the day.

Looking up from his paperwork, Salin gives the Colonel a quick smile and a motion with his hand to enter, "Please, Colonel. Do come in." A couple of pieces of paper have been shuffled aside, clearing a spot on his desk which is quickly taken up by a pad of paper, "What can I do for you?"

Fotilas steps inside and moves to sit in the chair. "Just don't want to interrupt." He looks tired and pretty emotionally ragged - a pretty drastic change from the last time he was seen. He looks a decade older when he's tired like this. "I wanted to discuss the Kyrios case and set one thing clear with what I had sent to you the other night." Last night. "I don't intend to see the charges against her dropped. I think that may have come across incorrectly."

Whereas Fotilas seems tired and ragged, Salin manages to look refreshed and invigorated each and every day. Must be a trade secret of the Lawyers. He's giving another smile then, "No interruption, Colonel. If it was, I'd have an Aide stopped traffic outside." There's a slight raise of his brow and he's nodding his head, "I didn't assume you were, Colonel. Never got that you wanted the charges dropped, nor would I have suggested so, without first reviewing all the evidence that we have."

Fotilas looks a bit relieved. "Thank Gods. Yeah the last thing I need is you all believing I am interferring with a case." He's trying not to, honest. "Look, I wanted to talk to you about alternative sentancing for Kyrios. She admits to killing the man and has expressed some deep remorse to me about it. I'm not sure executing her is in the fleet's interest, either."

There's a very soft cluck of Salin's tongue against the roof of his mouth. Leaning forward, the Major settles his arms lightly atop the desk, eyes focused intently on the Colonel, "Well I can understand and appreciate Command's concern, as well as others, JAG has an obligation to uphold the rules and regulations set forth by the CCMJ. An order to execute a prisoner, is not something that is givin lightly and on a moment's thought. Evidence, dispositions and medical reviews are all weighted and considered when it comes to that call. Before I would consider a punishment that would result in death, I would first have Lieutenant Sloan evaluate the prisoner, to see what their mental state is. Then, I would interview the prisoner, from a legal perspective, to see exactly what the situation was. From their point of view."

Fotilas sighs. "Look Major, I'm not saying you don't know how to do your job. On the contrary, I'm rather sure of it. But given the case, I thought it would be most prudent for me to see you first about it before things went too far. I've had some solid conversations with Miss Kyrios. As well, I know Lieutenant Shem has spoken with Lieutenant Sloan - as have I. Sloan will be looking into a personal request for me but she is on notice that she will be speaking with the prisoner."

"And I wasn't implying that's what you were saying, Colonel. What I was implying, is that I don't consider execution to be a viable form of punishment, to be used on a regular basis." Salin lifts his arms from the desk, leaning back in his chair as he settles his hands in his lap, "I will have to send an offical notice to Lieutenant Sloan, on behalf of JAG. Any conversation she has at your request or at the request of Lieutenant Shem, is confidential and she can not reveal the full nature of it. Or should not. By JAG's order, she can and will divulge the information. And while I appreciate your thoughts on Miss Kryios, it's a somewhat grey area. You are neither a qualified pysche or lawyer, nor her CO. As such, under legal grounds, we can listen to your opinions, but can not provide a heavy weight to them." He lifts a hand, an indication for Fotilas to stop, "Now, that's not to say that your opinion doesn't carry weight, because it does. But we must consider the physical evidence, before that of subjective evidence."

"Fair enough," he begins. "But I am aware that Lieutenant Shem will be reccomending we carry out the sentence handed down by the civilian courts. As for Sloan?" The Colonel shakes his head. "I don't intend to hear the results. Nor have I requested to. I asked her to make an impartial judgment as a licensed doctor. Nothing more or less." To Salin's last comments, the XO shakes his head. "Major, I don't expect to be treated as a stellar witness when I am not in position to be such. I may be the XO of the Genesis, but I am not a God. I have no illusions about where I stand. Nor where she stands. She willfully admits to killing a man and everything surrounding said act. However, after some discussion with her, I believe that down the road she could earn a place in our fleet. If she wants to - and I am almost certain she does. Which is why I wanted to discuss any alternatives to execution in this case. Any."

There's a very soft chuckle and Salin is giving a nod of his head, "With all do respect, Sir, Lieutenant Shem can recommend till he's blue in the face. I am not legally obligated nor bound to pass any weight to his recommendations." There's a lift of his shoulders in a shrug now, "And, the first order of business I should attend to, is where is the Civilian Courts decree? How do we know this isn't some eleborate plot to have someone executed? We no longer have access to those case records. To those witnesses. What we /had/ were four people who implicated as such and Miss Kryios agreeing. For all we know, it could have been the result of duress or brainwashing. Now, well I don't believe that in the least, things such as that must be considered in this instance. All facts and evidence will need to be weight, carefully, in this particular incident."

The Colonel shakes his head. "I'm aware Shem's reccomendations don't have to hold weight. But regardless, they can. Thus, why I came to you about this early." But as Salin describes the case, Fots brow rises. "I'm glad you don't believe that. Very glad. I was worried I might have to replace our JAG Major because he was sans logical thought." Fotilas' smile looks odd on his tired face. Out of place. "Is there anything I can do to lend weight to keeping her from being executed and being involved in how her sentencing is decided? Short of completely destroying our legal system, I mean."

There's a soft laugh at thec omment of having him replaced and Salin gives a quick nod, "That'd be a hell of a fight though, you gotta admit. Trying to remove a JAG Lawyer and having him argue his own case. Would make for interesting times." He sobers then and is giving another shake of his head, "Unfortunately, there isn't anything that can be done, outside of letting the legal system run it's course. I'd like to thing that it's fair and that our rules and regulations afford suspects a measure of protection. I'm an advocate of that, in fact. But, if the evidence points to the necessity of the a death sentence Colonel, then I will follow through with hit. I will not settle on my haunchs, to simply allay our consciences. Yes, I know. That sounds harsh. And believe me, I /hate/ being the one to declare a death sentence." Fingers tap lightly together then, "Once I have interviewed the Prisoner and have received Lieutenant Sloan's recommendation, and I reviewed any evidence, I will notify you before my decision is reached. So that you may offer a final argument to try and compel a legal shift of punishment from death to something else, should it come to that."

Fotilas just smirks with the first part. Again, it looks twisted and a little cruel on him. But it fades. "I'm glad to hear you're an advocate of it. So.. care to explain why we aren't using it in this case? Because if we aren't affording Miss Kyrios a defense, I'm going to assume that nobody will be getting one at all down the road. Period. Or am I missing something?" But the man nods to the last. "Much appreciated, Major. Very much, so. But if it comes down to it and she is to be executed, I will do it myself. I am not going to allow the Marines to rob her of any dignity that she may have left after what happened last time." That, there will be no question on.

"The address the first point, she has not been afforded a defense, because we havn't been able to level any charges at her. Murder is not just murder. There are different levels and each fits a specific situation. She has a defense, Colonel. Myself and Captain Vargas. Neither of us is going to allow her to 'rot in the brig' for no reason. Unless we feel the evidence supports it." A pause then and a slight arch of a brow, "Unorthodox, but JAG will offer no complaints to that, Colonel."

"Do you intend to set-up the whole civilian court system that way, Major? Having the prosecuting attorney act as lawyer, judge and jury?" Fotilas doesn't really stare so much as.. look intently at Salin with curiosity. "But alright. I'll assume you are going to level charges at her."

"No, I am going to be asking Captain Vargas to assume the roll of Fleet Prosecutor. Meaning, she'll be responsible for ensuring the Government's Interests. I, on the other hand, will take up the roll as Defence Attorney or Judge, depending on the situation. We are currently looking over possible lawyers from the Civilian Population and I will be speaking with a couple of Department Heads to secure them as Judges, when needed. This ensures that someone is getting an absolutely fair trial. It can be forgone, though, if someone accepts a trial by Judge. In which cause, all rolls are bundled into the hands of one lawyer." There's a pause and Salin gives another smile, "Charges will be levelled, yes. Of that, I'm sure. But to what level? I won't know until I review the inform from the Marines."

Fotilas' brow rises again, but the man only blinks. "Huh. Okay. So then you're going to be trying her under the current system before anything else can be set up." Its not a question so much as a comment. "Well I won't keep you any longer. I appreciate your candor in the matter, Major. If I can help in any way or speak for her, let me know. Oh.." He pauses as he rises. "..the prisoner has voiced her wish to be productive. I've suggested she speak with the CAG and Master at Arms about volunteering. Hopefully you won't be objecting to that either?"

"She'll be offered a choice in how she is tried. That much is certain, Colonel." There's a soft beeping, no doubt that JAGSignal that alerts JAGMan and Justice Girl that they have an incoming new case file. A flicker of his eyes to the small device at his waist and then he's looking back up, beginning to rise from his seat, "I have no objections, so long as she is under guard. Commander Regas might have a different point of view, considering his take on prisoners, Colonel. Unfortunately, I'm going to have to depart. It would seem that I am needed on the Genesis and Captain Vargas is already attending to something elsewhere."

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