Court Martial ( episode ) Kirk is accused of criminal negligence causing the death of one of his subordinates , Lt . Commander Benjamin Finney , and is put on trial for his murder . Summary . Teaser . On the surface - based facility of Starbase 11 , Commodore Stone is advising Maintenance Section 18 to reschedule their repairs to the to give the priority one . Captain Kirk is reading – for the third time – a copy of his sworn deposition on the events that led to the death of records officer Benjamin Finney . While waiting for Spock to arrive with an excerpt of the computer log , Kirk explains that he waited until the last possible moment but , with the ship on red alert , the ion storm got worse . Kirk had to eject the ion pod containing Finney , to his death . Spock finally beam s down ten minutes late with the computer records , which Stone takes ; shortly afterward , Jame Finney enters and names Kirk as " " the man who killed my father . " " She shrieks at him and breaks down into tears . Stone asks Spock to escort the girl out of the room , but then accuses Kirk of committing willful perjury – the computer records show that Kirk ejected the pod " before " placing the ship on red alert . Stone orders Kirk to remain on Starbase 11 for an inquiry on whether a general court martial is in order . Act One . Captain Kirk and Doctor McCoy walk into the M - 11 Starbase Club on Starbase 11 , and meet up with several members of Kirk ' s graduating class from the Academy , including Corrigan , Teller , , and Mike . Several claim to be concerned about how long they are staying , but Kirk realizes they already have made up their minds that he was indeed responsible for Finney ' s death . As Kirk leaves , Areel Shaw enters , just missing her . Dr . McCoy introduces himself and they find they are both mutual friends of Kirk , McCoy saying of himself , " " In these trying times , one of the few . " " He notes that soon , Kirk will need " all " the friends he can get . In Commodore Stone ' s office , Stone begins the inquiry . Kirk starts by describing his relationship with Finney , including the fact that he taught at Starfleet Academy when Kirk was a midshipman , and that his daughter was named after him . But a number of years later , while they both served together on the , Kirk says that Finney left a circuit open to the atomic matter piles that should have been closed . Another five minutes and he could have blown up the ship . Kirk closed the switch and logged the incident , and Finney drew a reprimand and was sent to the bottom of the promotion list . Kirk says that Finney believed that Kirk ' s action delayed Finney ' s assignment to a starship and ultimately to command . They turn to the ion storm . Kirk says he chose Finney to occupy the ion pod solely because the duty roster said it was Finney ' s turn . Finney entered the pod just before the " Enterprise " reached the leading edge of the storm . Kirk signaled yellow alert . Due to " " pressure , variant stress , force seven , the works , " " Kirk signaled red alert . This alerted Finney to exit the pod , and Kirk said he delayed even longer before finally ejecting the pod . Stone reminds Kirk that the logs show he ejected the pod " before " signaling red alert . Kirk cannot explain that , but says it is next to impossible that the computer is wrong . Commodore Stone stops the recording , and suggests that perhaps stress and time as commanding officer of the " Enterprise " have worn Kirk down . Stone offers Kirk a report that will lead to a ground assignment if Kirk does admit responsibility . Stone says it would smear the Service if a starship captain were to be court - martialed . However , Kirk is insulted by the idea of covering up the incident : " " Sweep this whole thing under the rug and me along with it ! Not on your life . I intend to fight ! " " This decision angers Stone , who says in retort , " " Then you draw a general court ! " " Kirk replies , " " Draw it ? I demand it . And right now , Commodore Stone ; right now ! " " Act Two . Kirk meets with his old friend , Lieutenant Areel Shaw , whom he has not seen in " " four years , seven months , and an odd number of days , " " Shaw states . She warns him that he appears to be taking the case very lightly , which he attributes to " the confidence of an innocent man " . She says that the prosecution will argue " Kirk vs . the computer " , on which basis he would most certainly lose . He asks her to be his attorney , but she protests to being too busy with another case . She recommends Samuel T . Cogley . He asks her how she knows so much about what the prosecution is going to do . She reveals that she " is " the prosecuting officer . . . and that she will have to do her very best to have him broken out of the service in disgrace . She leaves the bar , abruptly . In Kirk ' s temporary quarters on Starbase 11 , a man has set up shop with hundreds of bound books , which he argues is " where the law is " , along with the intent of its writers , not in a computer , which he has but never uses . Kirk declares that the man is either an " obsessive crackpot " or Samuel T . Cogley , Attorney - at - Law . Cogley says Kirk is right on both counts and agrees to take the captain ' s case . Captain Kirk ' s court martial begins , with Commodore Stone presiding and with Starfleet Command representative , and starship Captains Krasnovsky and . Kirk does not object to the personnel , and consents to both the services of Shaw as prosecutor and Stone as judge . After the computer lists the charges and specifications that have been formally proffered against him , Kirk formally pleads not guilty . Lieutenant Shaw calls Spock to the stand . After the computer reads off his service file , Shaw asks Commander Spock how much he knows about computers . Spock says , " " I know all about them . " " Shaw asks Spock if he knows of any malfunction that caused an inaccuracy in the " Enterprise " computer , and Spock says he does not . " " But the computer is inaccurate , nevertheless , " " he adds . Shaw clarifies that the computer reports that Kirk was reacting to an extreme emergency that did not then exist . Spock says that is impossible based on his knowledge of Kirk , which he insists is not speculation . Spock says that Kirk ' s characteristics are as predictable as gravity , and do not include panic or malice . Shaw finishes by getting Spock to admit that this is all his opinion . Cogley chooses not to cross - examine him . Lieutenant Shaw then calls the personnel officer of the " Enterprise " to the stand . She confirms that when Kirk was an ensign on the " Republic " with Finney , Kirk ' s log entry cost Finney a promotion . Cogley has no questions for this witness , either . Lieutenant Shaw then calls ship ' s surgeon Dr . Leonard McCoy to the stand . She claims that he is an expert in space psychology and the mental effects of long - term space travel ; as " he " considers himself no such expert , he concedes in his response , " " I know something about it . " " She then asks McCoy if it was possible that , if Finney hated Kirk , Kirk reciprocated by hating Finney . McCoy is adamant that Kirk is not that kind of a man , but Shaw forces McCoy to admit that it is possible . Again , Cogley does not cross - examine . Commodore Stone questions Cogley ' s failure to cross - examine any of the prosecution witnesses , but Cogley calls their testimony " preliminary business " and calls Kirk himself to the stand . The computer begins to list Kirk ' s service record and awards . Shaw tries to halt this , conceding Kirk ' s " inestimable record , " but Cogley insists that the wheels of progress not run over his client , though he relents once a few more honors are recited . Cogley asks Kirk if there was indeed a red alert before the pod was jettisoned , despite what the computers said . Kirk states that there was , and that he would do it again , because his actions were absolutely necessary for the safety of his ship . In cross - examination , Shaw plays the video playback from the bridge of the " Enterprise " on stardate 2945 . 7 . The footage shows Finney being posted to the pod , and the " Enterprise " going to yellow alert after encountering the ion storm . Shaw then magnifies a panel on the right side of Kirk ' s command chair . The video playback shows that Kirk " did " in fact launch the pod before signaling red alert . A shocked and horrified Kirk insists , his voice a bare whisper as he does , " " But that ' s not the way it happened . " " Act Three . Back in Kirk ' s quarters on the starbase , Cogley suggests that maybe Kirk did have a lapse in memory , and that they can still change their plea . Kirk allows himself a moment of self - doubt , but concludes , " " No ! I " know " what I did ! " " Spock contacts Kirk from the " Enterprise " , saying that he ran a megalite survey on the computer . Kirk guesses the results : Nothing . Kirk thanks Spock but has no further orders for him , only speculation that Spock will be able to defeat his next commanding officer at chess , and closes the channel . Spock repeats that word thoughtfully and leaves the bridge . Jame Finney enters , asking Cogley to make Kirk change his plea and take a ground assignment . Cogley calls Jame ' s change of heart unusual , but Jame says she has been reading through old letters to her and her mother , in which Benjamin Finney talked about how close he was to Kirk . Kirk leaves to change into his dress uniform , while Cogley formulates an idea . Back on the " Enterprise " , Spock is playing a game of three - dimensional chess with the computer in the briefing room . Dr . McCoy walks in and , irritated , calls Spock cold - blooded for playing chess while their captain ' s career is hanging in the balance . After thanking McCoy for the compliment , Spock adds that he has just won four games in a row against the computer . As Spock had programmed the computer himself , he says the best he should have been able to attain was a draw . The two men immediately prepare to beam down to Starbase 11 with the new information that the program bank has flunked a major test . The court martial is back in session , and both the prosecution and defense both rest their cases . Just then , Spock and McCoy enter and whisper to Cogley and Kirk . Cogley now tells the court that he has new evidence that he cannot tell the court but must show it . Shaw objects that Cogley had rested his case and is now attempting " theatrics " . Roused to anger against machines , Cogley enumerates , with passion , a long list of historical precepts which maintain that an accused man has the right to confront the witnesses against him . In this case , the most damning witness is the computer of the " Enterprise " . Cogley moves , and indeed demands both in his rage and " " in the name of a Humanity fading in the shadow of the machine , " " that the court reconvene aboard the " Enterprise " lest it elevate the computer above Humanity . Act Four . In the briefing room , Spock testifies that he has now won five games of chess against the computer , to which he gave a knowledge of the game equal to his own and which , assuming that neither he nor it commits any mistakes , should have led to a best result of successive stalemates ; it has not . Spock concludes that someone , either accidentally or deliberately , adjusted its programming and therefore its memory banks . The only people who could have done it are Kirk , Spock himself , and the records officer , who , at the time , was Lieutenant Commander Finney . Cogley turns to Kirk to describe the search for Finney after the storm . Kirk says it was a phase one search , a painstaking effort to find a crewman who may be unable to respond . Cogley notes that it presupposes that the crewman wishes to be found . After all , he explains , when searching for someone it is natural to assume that the someone wants to be found , and is not hiding . Kirk admits , much to Shaw ' s shock and horror , when Cogley asks him , that it is possible that , on a ship of this size , a man could evade such a search . Cogley declares , " " Gentlemen , I submit to you that Lieutenant Commander Ben Finney is not dead ! " " The court demands an explanation , and Cogley defers to Kirk to conduct an experiment . Kirk orders all but the command crew and the court to beam off the " Enterprise " to the surface , including Cogley , who says he has an errand of vital importance to the business of this court . The crew leaves , the impulse engines are shut down , and the ship orbits Starbase 11 by momentum , though Kirk assures the court they will be finished long before the " Enterprise " s orbit starts to decay . Spock uses the ship ' s auditory sensors to amplify the heartbeats of all aboard , and McCoy uses a white - sound device to mask the heartbeats of all aboard the bridge . After masking the crewman in the transporter room , a single heartbeat is still heard , coming from the B - Deck , in or near engineering . Kirk orders that area sealed and goes down with a phaser to find Finney . The " Enterprise " s orbit begins to decay . In main engineering , Kirk encounters a crazed Ben Finney , who explains that Kirk and Starfleet conspired to rob him of his own command . He aims a phaser at Kirk , but says that Kirk ' s death would mean too little to the captain , losing his ship would be far worse . Finney has also tapped out the primary energy circuits and intends to destroy the ship . Kirk tries to reason with Finney , but they begin fighting in main engineering . Spock tells members of the court that time is running out to beam back to the planet , but Stone regards Finney as a witness that the court should finish hearing . However , Sam Cogley ' s errand on the planet was to bring Jame aboard . Kirk asks Ben Finney whether he also intends to kill his daughter , and gets the upper hand . Beaten and sobbing , Finney tells Kirk where he tampered with the controls . Kirk begins attempting repairs in a Jefferies tube . On the bridge , Lieutenant Uhura takes the navigation console as power returns . Lieutenant is able to have the " Enterprise " s orbit stabilized and Stone rules that the court is dismissed , to which Shaw has absolutely no objection . As the " Enterprise " prepares to depart , Shaw delivers a gift from Cogley to Kirk on the bridge : a book . Cogley himself is busy , now representing Finney in his own trial . Kirk wishes Shaw better luck next time , but Shaw counters that she had pretty good luck in losing the current case . Shaw kisses Kirk goodbye and leaves . Kirk returns to his chair with Spock and McCoy flanking him . " " She ' s a " very " good lawyer , " " Kirk says . " " Obviously , " " Spock replies . " " Indeed she is , " " McCoy adds . The " Enterprise " departs Starbase 11 and continues its mission . Memorable quotes . " " Consider yourself confined to the base . An official inquiry will determine whether a general court martial is in order ! " " " " All of my old friends look like doctors . All of his look like you . " " " " So that ' s the way we do it now – sweep this whole thing under the rug and me along with it ! Not on your life . I intend to fight . " " " " Then you " draw " a general court ! " " " " Draw it ? I demand it ! And right now , Commodore Stone , " right now ! " " " Areel . Doctor McCoy said you were here . I should have felt it in the air , like static electricity . " " " " Flattery will get you everywhere . " " " This " is where the law is . Not in that homogenized , pasteurized , synthesized – do you want to know the law ? The ancient concepts in their own language ? Learn the intent of the men who wrote them , from the Moses to the Tribunal of Alpha III ? Books . " " " " You have to be either an obsessive crackpot who ' s escaped from his keeper or Samuel T . Cogley , attorney at law . " " " " You ' re right on both counts ! " " " " Human beings have characteristics , just as inanimate objects do . It is impossible for Captain Kirk to act out of panic or malice . It is not his nature . " " " " Mr . Spock , you ' re the most cold - blooded man I ' ve ever known . " " " " Why , thank you , doctor . " " " " I speak of rights . A machine has none . A man must ! " " " " Officers and gentlemen , captains all ! Except for Finney and his " one " mistake . " " " " She ' s a very good lawyer . " " Background information . Remastered information . When the episode was remastered for the TOS Season 1 HD DVD , an opening shot of the " Enterprise " clearly reveals the hole where the ion pod used to be . Links and references . References . 2250s ; 2254 ; 2262 ; Agena target vehicle ; Alpha III ; atomic matter pile ; attorney ; auditory sensor ; ; Axanar Peace Mission ; B deck ; bench ; Bible ; board ; " Bones " ; booster ; briefing room ; checkmate ; chess ; clerk ; Code of Hammurabi ; Code of Justinian ; computer ; computer transcript ; conspiracy ; " Constitution of the United States " ; course ; court ; court martial ; culpable negligence ; decapitation ; deposition ; duty roster ; Jame Finney ' s mother ; first officer ; flattery ; fourth power ; framing ; Fundamental Declarations of the Martian colonies ; " Gemini 8 " ; graduating class ; Grankite Order of Tactics ; hammer ; Hammurabi ; Human rights ; impulse engine ; inanimate object ; instructor ; ; intuition ; ion plate ; ion pod ; ion storm ; Justinian ; Karagite Order of Heroism ; lawyer ; letter ; logic ; M - 11 ; M - 11 Starbase Club ; Magna Carta ; Maintenance Section Eighteen ; Martian colonies ; megalite survey ; memory bank ; meteorology ; midshipman ; Moses ; namesake ; Palm Leaf of Axanar Peace Mission ; pasteurization ; perjury ; personnel officer ; phase 1 search ; " Picasso " ; portmaster ; positive gravity ; Preantares Ribbon of Commendation ; prejudice ; President of the Court ; pressure ; prime energy circuit ; program bank ; promotion list ; psychology ; records officer ; red alert ; reprimand ; ; rug ; science officer ; service record ; " Setar " ; ship ' s surgeon ; Space Command Representative ; space regulations ; Starbase 11 ; Starfleet Academy ; Starfleet Award of Valor ; Starfleet Command ; Starfleet Citation for Conspicuous Gallantry ; Starfleet Legion of Honor ; Starfleet Medal of Honor ; Starfleet Silver Palm ; Starfleet Surgeons Decoration ; static electricity ; Statutes of Alpha III ; Titan II ; three - dimensional chess ; Tribunal of Alpha III ; Vulcanian s ; Vulcanian expedition ; Vulcanian Scientific Legion of Honor ; weatherscan ; white - sound device ; yellow alert ; " Yorkshire " Unreferenced materials . Chief Judge ; coffee ; conference room ; delusion s ; delusions of persecution ; double red alert ; evolution ; gavel ; Holmes ; Indian ; luck ; neck ; quadrant s ; ; stun ; Vulcan language ; weapons room