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<--Crichton's Dilemma
Disclaimer: They’re not mine, I don’t own ‘em, just please let me use your characters for a little while and I promise to return them as well as they began this ficlet. Thanks in advance.
Ficlet: Harvey’s Trial
The Setup:
Jool is the Judge (she is impartial in this regard as she did not witness what took place before.)
Rygel is the Defense Attorney
Crais is the Prosecuting Attorney
John, Aeryn, Stark, Chiana, and Pilot are all witnesses.
John explained the concept of a trial (in the U.S.) to all on Moya and to Crais. You, dear readers will be the Jury (granted, I have no idea as to how many replies there will be, and this isn’t interactive, so there can’t be consensus). Your feedback is very important.
Jool: “Court will come to order. Harvey, you are on trial for the attempted murder of John Crichton, and the murder of Aeryn Sun, causing the ultimate death of Pa’u Zotoh Zhaan. How do you plead?”
Harvey: “Not guilty by reason of temporary insanity and by reason of being under the control of a third party at the time of my actions.”
Jool: “Are you ready to make your opening statements? Very well, Bialar Crais, please begin.”
Crais: “Thank you. We will show that although Harvey was controlled externally, he is the essence of that which controlled him, and he was able to act on his own for long periods of time. He had, in effect, free will. Further, we will show that he is still cut from Scorpius and still is obligated to carry out Scorpius’s orders. In effect, we will show that Harvey is Scorpius in a different form, and he intentionally murdered Aeryn and attempted to kill John Crichton. Members of the Jury do not let this benign exterior fool you. He is still Scorpius’s instrument.”
Rygel: “Thank you, your honor. We will show how Harvey started as an instrument for Scorpius, and was this instrument when he took Aeryn’s life. We will also show that at the moment of disengagement, Harvey was so dislocated that he was in effect, trying to commit suicide, not kill John Crichton. We will show this was temporary insanity. Further, we will show Harvey is presently acting in good faith, and is acting to protect Moya and those aboard Moya.”
Jool: “Crais, call your first witness, please.”
Crais: “For my first witness, I call Chiana.”
Crais: “Chiana, please remember you promised to speak truthfully. To the best of your recollection, has John Crichton ever tried to harm you? In any way?”
Chiana: “He’s always been very protective of me. I even accused him of acting like my brother. Then one day, for reasons I could not understand, I thought he was going to physically harm me. You know, er, rape me then k-kill me. I would never expect that of John.” Chiana began to cry. “I’m s-sorry.”
Crais: “Would you say that is typical of John’s behavior?”
Chiana: “No. Thinking back on it now, I think that was Harvey, not John.” China had regained her composure.
Crais: “Your witness, Rygel.”
Rygel: “Chiana, please answer yes or no. Did anything happen. Were you harmed in anyway, then or ever by John Crichton?”
Chiana: “No.”
_______________________
Crais: “D’Argo, I will remind you that you have promised to tell the truth. You and John Crichton are good friends, are you not?”
D’Argo: “Yes, we became friends over time.”
Crais: “And during your friendship, have you noticed certain changes in John?”
D’Argo: “John, I’m sorry I have to say this. John has really changed over time. He used to be open and trusting. I trusted him. He has become very suspicious of everyone, and he would talk to himself, as if there was someone in his head. I later learned that was Harvey.”
Crais: “So you would say that John is no longer in your trust?”
D’Argo: “No. I mean, not Harvey. I want John back, he’s my friend and I know he is there somewhere.”
Crais: “I am through with this witness, Rygel.”
Rygel: “D’Argo, you say you cannot trust John anymore because of Harvey.”
D’Argo: “That’s right.”
Rygel: “Who freed your son from Scorpius?”
D’Argo: “John.”
Rygel: “And when he did that, was Harvey in John’s mind, or was that before the neural implant created Harvey in his mind?”
D’Argo: “It was after. But that was my friend acting. I know that is what John would do.”
Rygel: “Are you saying John was able to control Harvey’s behavior and prevent him from doing evil?”
D’Argo: “Yes, no, I don’t know.”
_______________________
Crais: “Aeryn, a reminder, you have promised to speak truthfully. What was the first indication you had that there was another presence in John’s mind?”
Aeryn: “He told me after we went to the shadow depository, but before that, he did some very strange things. Looking back now, I think it was because of Harvey, but I did not know it then.”
Crais: “What do you mean by strange?”
Aeryn: “As an example, I was walking in front of John in one of the corridors on Moya when he shot at me and missed, by a lot. When I asked him what that was about, he didn’t really answer me, but brushed it off.”
Crais: “What were some of the other indications?”
Aeryn: “At the time we sought the services of the Diagnosan Tocot to heal Moya, and we were also looking into having the neural implant removed from John’s brain. I was with John in the Neural Cluster, and we were very close. This is very hard for me. I told John that I loved him and that I would never leave him. We kissed, and then he took my head and smashed it into a wall, giving me a concussion. I’m convinced that was Harvey acting.”
Crais: “Please tell us what happened later when you were chasing him in your Prowler.”
Aeryn: “John was in the Farscape Module trying to get away from us. I think he was going to Scorpius who had been signaled earlier. I chased him through an ice tunnel and he disappeared. I spoke to him on my com and ordered him to land, else I would shoot him down. He complied. What I didn’t realize was he was over me, and purposely crashed his landing gear into the roof of my Prowler. I could not remain air born. I ejected. There was a frozen lake below me instead of land and I could not free myself from the harness. I crashed into the lake and drowned. He killed me.”
Crais: “How is it that you are alive now and giving testimony?”
Aeryn: “Zhaan gave her life that I may live. She had certain powers and she was able to find my soul and reunite it with my body. This caused her health to fail. She died just a few weekens after that.”
Crais: “I have no more questions of this witness. Rygel.”
Rygel: “Aeryn, when you were chasing Crichton in your Prowler, did he ever fire at you?”
Aeryn: “No.”
Rygel: “He was, in fact, trying to get away from you. Is that not so?”
Aeryn: “Yes.”
Rygel: “At that time did Crichton know Prowlers are equipped with ejector seats?”
Aeryn: “Yes.”
Rygel: “So Crichton could reasonably expect that you would be able to safely eject. He didn’t blow your prowler up; he gave you the opportunity to eject. He could have used that ploy merely to stop you from chasing him.”
Aeryn: “Yes, but John, I mean Harvey, warned me that I was headed for a frozen lake, not land.”
Rygel: “But you both were moving fast when he hit you, he may not have known until after the fact. And then why did he warn you if it wasn’t to save your life?”
Aeryn: “I, I don’t know. John retook his body at that moment. I don’t know what happened after.”
_______________________
Crais: “Stark is my last witness, your Honor. Please remember you have promised to tell the truth. You have maintained Harvey wanted John to end his life while on the operating table. What proof do you have that this is so?”
Stark: “Zhaan went into unity with John. She reported an evil presence still in his mind even with the neural implant removed. The presence and John asked for death.”
Craisl: “How do you know Zhaan was not imagining this?”
Stark: “I also heard another voice. And Zhaan would have no reason to make it up. She loved John. She wanted him to live.”
Crais: “I have no more questions for this witness. Rygel.”
Rygel: “I just have one question. Stark, what did Zhaan do immediately after that revelation?”
Stark: “She tried to kill Crichton. But she didn’t!”
Rygel: “Thank you Stark.”
_______________________
Jool: “Rygel, you may begin. Please call your first witness.”
Rygel: “Pilot is my first witness. Please remember you have promised to speak truthfully. Pilot, I need to ask you some background questions. Were both Aeryn Sun and Bialar Crais aboard Moya while she was still in Peace Keeper hands?”
Pilot: “Yes.”
Rygel: “And were you Moya’s first pilot?”
Pilot: “No.”
Rygel: “What happened? How did you become Moya’s pilot?”
Pilot: “I was brought in to replace the first Pilot. Crais was Moya’s captain, and ordered the original pilot killed when I became available. Officer Sun was one of the Peace Keepers who killed the first pilot.”
Rygel: “Do you have any anger with Aeryn or Crais? Do you still blame them?”
Pilot: “When I first found out I felt like killing Aeryn. Then I wanted her off Moya. But I no longer feel that way. Aeryn has changed so much. I, I love her. And if anyone is to blame, it is I. They could not have killed my predecessor if I had not been available.”
Rygel: “So people can change. They can become more than they once were. Do you think Crais has changed, too?”
Pilot: “Yes, we all change with experience. I have changed in many ways. I do not know Crais that well, but I suppose he has changed too. I do not hold any antipathy towards him.”
Rygel: “No more questions, your honor. Crais.”
Crais: “No questions.”
_______________________
Rygel: “I call John Crichton for my next witness. Remember, you have promised to tell the truth. John, I’ll get right to the point. Is Harvey the same entity now as when the neural implant was in your brain?”
John: “No, I don’t believe so. When I came out of surgery Harvey was quite agitated. He had been cut loose, no longer had his backup from Scorpius. Scorpius, it seems, reneged on a promise and left Harvey in me when he took the neural chip. Harvey was frantic. He wanted to end it right then, and I mostly agreed with him. At that moment, Aeryn was dead, and I couldn’t speak. I also didn’t know if I had any other brain damage. But I think I would have fought if I thought Aeryn was alive. I felt so guilty about her death; I thought I should have been able to prevent the neural clone’s actions. D’Argo saved my life and made Tocot fix my brain. I was able to speak, but Harvey was still frantic. Stark suggested that I take over and lock Harvey away, which I was able to do. Harvey had no strength without the neural implant. Since then we have come to an arrangement. Mostly, Harvey stays hidden. He has surfaced now and again, and it was his prodding me when we were stuck in the wormhole interface that allowed us to save Moya. I think Harvey has changed, and I do not believe he is Scorpius.”
Rygel: “I have no further questions. Crais.”
Crais: “John, when you were in your Farscape module and Aeryn was chasing you, why did you cause her to crash?”
John: “As was stated before, I was not in control. The neural implant was controlling my actions. It was very strong.”
Crais: “So it was you who struck Aeryn down. Was it Harvey? And was the intent to kill?”
John: “It was the neural implant that had control. At that time, Harvey didn’t exist, at least not as an entity. Also, Scorpius was close and was controlling the neural implant. We later learned he came in on a stealth trajectory, so we never detected him. I’m not sure if it tried to kill Aeryn. The objective was to stop her. If that meant killing her, then so be it.”
_______________________
Jool: “We will hear closing arguments now. Crais, please begin.”
Crais: “Ultimately we have to decide if Harvey is the same entity that killed Aeryn and tried to kill John Crichton. Is Harvey different from the cloth he was cut from? Has he changed? Or is he leading us to believe he is a different person from the evil that spawned him? If you conclude he is essentially the same, that he is basically Scorpius, then you must find him guilty as charged.”
Rygel: “Crais is correct. Is Harvey Scorpius? That is the basic question. If he is still that evil, then you must find him guilty and he must not be allowed to continue. However, if you think Harvey is his own entity, not the same as Scorpius, you must consider his actions from the moment he became Harvey. He wasn’t Harvey when Aeryn was killed, so Harvey cannot be guilty of Aeryn’s death. He may have tried to end his existence when the neural implant was removed, but that was suicidal behavior of a disturbed mind, not a killer at work. If you think Harvey is not Scorpius, and that he came into existence only after the neural implant was removed, then you must find Harvey NOT guilty of Aeryn’s murder, and NOT guilty of attempted murder (of John Crichton) by reason of temporary insanity.”
The following is a summarization of the replies received:
Replies to Trial:
1. Manny Cavelara: not guilty...just because I feel there was a great deal of change between Harvey before surgery and Harvey after surgery...and if I was John I would like to have a Harvey in my head...post surgery of course.
2. LeatherGirl: I base my reason solely on the fact that Harvey came into existence after the neural implant was removed.
I say Harvey is not guilty as charged and for many reasons for temporary insanity BECAUSE...he does not want anything to do with John now. Before, the Harvey Scorpius dude that did plague his mind was evil and conspiring. This Harvey is tired of John and wants nothing but to leave his mind. John has now taken Harvey prisoner and calls upon him for information whenever John sees fit.
I believe the Scorpius clone before the surgery was indeed at fault for all the death and suffering he caused. So, the real Scorpius in fact should be brought up on charges and punished severely! Maybe he should have to watch re-runs on his past! LOL!
3. NIBB: I was compelled to vote Harv not guilty. What disturbs me is that at no time, during the trial, did anyone bring up the fact that John, initially, had to literally beat Harvey into submission and put him into a dumpster to get him to stop popping up when he wasn't welcome. This was AFTER the implant had been removed. I'm also still left wondering: Did Harvey free himslf from the dumpster to make the deal with Crichton? Or did John ALLOW him out to do so? We never saw any of that in the ep. This also raises another dillema: Are we Scapers even qualified to be jurrors? We did, afterall, wittness nearly *everything*. How could we be expected to be impartial? Not to mention our feelings toward the *real* Scorpius that could possibly come into play in our decision.
4. Smeginfrell: Not Guilty...I suppose. After all Harvey didn't exist as such before the implant was removed. But I hope the whole situation is resolved soon. I don't know about anyone else but I'd like to see John back to his old self, just one of him and nothing unwanted lurking about in his brain. So, if I could get rid of Harvey by saying guilty then I would happily do it.
5. Runnik: Guilty, but with clarification. I have read some of the Not Guilty arguments and have come to the conclusion that intent is the only factor most people are focusing on. I will offer the argument that in the case of a drunk driver killing innocent motorists, intent is only the difference between murder and manslaughter. Manslaughter being "The unlawful killing of one human by another without express or implied intent to do injury." We will have to ignore that part about "human" to evaluate this instance.
So, by the definition presented here and given the fact that Aeryn was dead, Harvey is at least guilty of manslaughter if you think Harvey was Harvey at that time. I do, based on the fact that until John beat his ass into the dumpster, Harvey behaved as the same. It wasn't until he realized the shift in dominance that he became more cooperative.
I conclude then that Harvey is guilty of manslaughter not to mention any number of assault charges. He is, however, innocent of Zhaan's death. That would be a suicide.
6. Lassievorc: Not Guilty Crais asserted that Harvey killed Aeryn of his own free will. This is not true. "Harvey" was completely under the sway of the Scorpius clone and had NO free will when he crashed into Aeryn's prowler!
7. JD90: Not Guilty based on evidence. As much as it pains me to say so. I keep remembering the scene when John sees Scorpius in his mind, but that Scorpius says, "I'm not Scorpius, he is", and John turns around to see the "real" Scorpius walking up behind him. I think he was a separate entity from the beginning, even though we may consider Scorpius his "boss." He should be Guilty!
8. Roxystrong: Not Guilty It has not been sufficiently proven that Harvey's intent was to kill Zhaan. In fact, Harvey had no apparent intentions towards Zhaan at all, it would be impossible to prove that in his actions towards Aeryn he had calculated the outcome and Zhaan's subsequent sacrifice. It has also not been sufficiently proven that Harvey intended to kill Aeryn Sun, he merely intended mischief. Unless the charges are dropped to manslaughter, this jury cannot reconcile itself to the charge, and must therefore find the defendant not guilty.
9. Grammykins: Not Guilty John says Harvey did not exist as a separate entity. Only John knows what happened in his head. His position is stronger than an eye witness. He is the only person who can differentiate between the neural chip's control of him and Harvey. Harvey knows John completely and he also knows Scorpy completely. So far, he has not acted to harm John other that when they first awoke after Aeryn's death. That Harvey and John together sought suicide shows that they were both unbalanced and that Harvey was only responsible for his own attempted suicide. John claims responsibility for his attempted suicide. As the main witness(and indeed the only one with "expert knowledge"), you have to believe John.
10. Suzzy: Guilty. Harvey is guilty of killing Aeryn Sun. Prior to his back-up being removed he was a nasty thing in John's head. Saving him only to ensure his delivery to Scorpius.
Who Harvey is today is up for debate. Without the neural implant, he has had to rely on John for stimulus. Was he temporarily insane when he killed Aeryn. No, he was quite in control of his faculties. Was he temporarily insane when he wanted John to die to end his own suffering. That depends, on what cultural standards you are applying. I think Harvey thought it was the only logical option.
Does Harvey have the 'right' to exist. Not at the expense of another life.
11. Dhenry: Not Guilty. -first, i would disagree that harvey/scorpius would plead to temporary insanity. would guess that he would say not guilty as harvey is merely a tool of the legal authority (scorpius and the pks) and chrichton is the "lawbreaker" for not following his commands to give him the wormhole technology. somewhat like arresting a policeman for speeding while chasing a bankrobber's getaway car.
-second, i don't think scorpiusharvey would even deign to show up in court, he doesn't seem to be the type to respect authority unless it aids him in the end.
-third, if necessary, harvey could "disappear" for a while and leave the burden of proof on crichton to prove his existence. after all, only john and scorpius know he "exists" and the only proof of his existence is john's actions and telling people he took control. a defense would go to the sanity of the key witness--crichton. the presence of the neural implant may help the prosecution but doesn't make the "existence" of harvey a certainty. afterall, do "w"e really "know" that harvey is due to the chip or has john created him?
-4th--- and my major arguement "if the chip don't fit, you must acquit"
12. Ceallaig: Not Guilty (sorta) OK, based on the evidence, and based on what I've seen, I have to say that Harvey is now a separate entity from Scorpius, and therefore is not guilty of killing Aeryn or attempting to kill John. While the neural implant was in place, Harvey was no more than an extension of Scorpius. Now that the implant is gone, Harvey has acted autonomously and has even managed to help John and the rest of the crew out a bit, albeit for reasons of his own.
However, this is a case of the "Nuremberg defense" up to a point. The Nazis were also 'just following orders'. So I'm not sure just what Harvey IS guilty of. Is there a lesser penalty than death -- like public service or something?
13. Gyre: Guilty
14. Patscaperfan: Not Guilty
15. Blind_Dentist: Guilty (as hell) [received an e-mail from Blind_Dentist informing me this was meant as a joke, but I didn’t know that when I wrote the Round Table.]
Some of my thoughts: I was actually thinking of the Nazi's and the Nuremberg trials when I wrote this, and I hope to explore it some more in the sequel “Round Table – Trial Aftermath”. In particular, I was thinking about Aeryn killing Moya's first pilot, and Crais giving the order. I also want to explore something about forgiveness. I think, as Farscape fans, we are ready to forgive Aeryn (Crais is another matter, but that may be because his character has been less developed), and we are also willing to forgive John (oh you know, for killing all those people on the Gammak Base, for example), but can we forgive Harvey? I suspect this has something to do with Harvey's good looks and winning personality (LOL).
One thing I want to explore is our perception of people based on physical appearance.