The Accused (46 page)

But Will's concentration was suddenly broken by an outburst from Judge Korlov.

“Mr. Chambers…I'm not sure we will find much value in this line of questioning. What possible difference does it make whether this man makes money from being paid as an expert witness in various cases? We have certified him as an expert—we will receive his testimony as an expert—and I don't think adding up the amount of money he gets paid for his expert opinions will have any influence on the deliberations of this tribunal. You are instructed to change your line of questioning to another subject. You are required to do so now.”

“I will respectfully defer to the opinion of this tribunal. If this court feels it is not important to know that this man gives expert opinions as his primary source of income, and that in almost every single case, for the last few years he has criticized the American government—if you do not feel that has bearing on his potential bias against the actions of the American military—then I do not believe there is any way I can enlighten you to agree with my position, and abandon yours.”

Korlov burst out in anger.

“Mr. Counselor Chambers, if you argue with this tribunal again after it has made a ruling, I will consider that to be contemptuous and a disregard for the authority of this tribunal!”

Will took a second to refocus and disregard the Russian judge's seemingly complete immunity from understanding the issue of witness credibility.

“Dr. Zagblundt, let me continue. You indicated that you no longer are an advisor for the United States government regarding arms inspections in Middle Eastern countries, including Iraq—correct?”

Zagblundt nodded with a broad grin, clearly feeling the support of the court as he testified.

“Yes. That's exactly what I said.”

“Isn't the reason you're no longer a paid consultant for the American government on arms inspection—isn't the real reason that it was discovered you had a serious conflict of interest—that you had, in fact, received seventy-five-thousand dollars from a pro-Iraq organization within Saudi Arabia at the very same time you were purporting to act as an independent consultant for the United States government?”

Zagblundt exploded.

“That is preposterous! You are twisting and distorting the truth, Mr. Chambers!”

Korlov, this time joined by Ponti, raised his hands in objection and shouted at Will.

It took a few seconds for the translation to come through. Judge Ponti was of the opinion that Will Chambers had insulted the witness and had also insulted the integrity of the tribunal with what he called a “scurrilous and defamatory attack.” Korlov was adding his objection that Will had disregarded his prior admonition not to go into the background of the expert witness.

“With all due deference,” Will argued, looking directly at Judge Ponti, “charges are only scurrilous or defamatory when they are false. I have not been allowed to continue. If I am, I will show they are true.”

Then the attorney turned to Judge Korlov.

“And, Your Honor—with all due respect—the issue of witness bias is always relevant. It's always probative. Under Rule 89 this tribunal is bound to apply those rules of evidence that best favor a fair determination of the matter before it—and that are consistent with not only the spirit of the ICC law but also the general principles of law as well. Not only is examining witness bias consistent with American principles of law, it is also cited throughout the Queen's cases in English common law.”

Finally, Will turned back to the French judge.

“And, Judge Ponti, in your country took place one of the world's most notorious cases of a person wrongfully convicted of a crime even though he was innocent—the infamous Dreyfus case, where a French officer was charged with a crime he did not commit. What would have been the result back then if the French tribunal had permitted more interrogation about the biased motives of those who wrongly accused Officer Dreyfus?”

Ponti glared at Will. Then bent over and whispered something to Korlov. Korlov turned to Brucker, who was watching passively and without expression. Then after switching off their microphones, the three engaged in a short conversation, which the interpreters raced to keep up with.

Korlov then flicked on his switch and bent to the microphone.

“Mr. Chambers…”

“Yes, Your Honor?”

“Continue with your examination.”

Will nodded and turned to Dr. Zagblundt.

“Do you deny the accuracy of the charges I've made against you—of conflict of interest as the reason for the American government no longer using your services?”

“Absolutely. That was not the reason.”

“But it is true—it is correct that at the same time you were advising the American government on inspections relating to Iraq's weapons of mass destruction, you were receiving seventy-five-thousand dollars from a pro-Iraqi group in Saudi Arabia? Is that true?”

“The timing…” the witness, narrowing his eyes and pausing to tug an ear, “the timing was unfortunate. It was not a conflict of interest. And furthermore—the group in Saudi Arabia was absolutely
not
pro-Iraqi.”

“Dr. Zagblundt—did you do an interview with the
New York Times
approximately seven months ago regarding that incident?” And with that, Will pulled a copy of the
New York Times
from his file and held it high.

“Yes, I recall it. I can't remember everything I said there…”

“You talked about the payment from the Saudi group?”

“Yes…the payment…and a lot of other things…many other things…”

“And the
New York Times
article records you as saying that, and I quote, ‘While the group had some sympathy for Saddam Hussein's regime, I was not aware of that at the time I received the payment.' Is that what the article reported you had said?”

“Misquoted!” Zagblundt shouted. “I was absolutely misquoted—my remarks were taken out of context!”

“Well, that does happen,” Will remarked quietly. “Which is why we have listed the reporter from the
New York Times
as one of our witnesses. He recorded that interview. And you do recall that, don't you, Dr. Zagblundt? The fact that you consented to a recording—word for word?”

The military expert took a few deep breaths, his lips parting but emitting no words. Finally, he spoke.

“And is there a question?”

“Yes—should I bring in the
New York Times
reporter, with his recording, and play for the court your statement to the reporter in which you admit that the group had pro-Iraqi sympathies, but simply claimed you didn't know about it at the time?”

Zagblundt paused, glanced up at the ceiling, and replied.

“No. Not necessary. I may have said it…and forgotten it.”

“Finally,” Will said, concluding his cross-examination, “let's talk about what you contend was Colonel Marlowe's knowledge of the likelihood of innocent civilians being in the house when he ordered the attack.”

The attorney stepped away from the podium so that he stood directly in front of the witness. His arms were at his sides, and his eyes were locked with Zagblundt's.

“Now, in addition to your private consulting work with personal-injury lawyers who are suing the American military, are you also a member of an organization called World Without War?”

“Yes, I'm a charter member. I'm not ashamed of that. The purpose of that foundation is to minimize the risk of global warfare. I think that's a laudable enterprise, don't you?”

“Most certainly,” Will replied. “But it is an organization that consistently criticizes American military policy. Would you agree with that?”

“Oh, I don't know about that. That characterization is far too broad.”

“How about an article in last month's issue of
World Economy and Policy
magazine, in which the present executive director of World Without War described America's war on terrorism as ‘typical of the American military philosophy—using a blunt axe when a mere butter knife would do.' You do acknowledge that your organization made that statement?”

The witness's eyes searched the courtroom for an escape from the question. He lifted his hands aimlessly—as if he hoped to be able to construct an answer with his fingers when his brain was unable to do so.

“I do not deny that such a statement was made by another person in our organization. But I can't vouch for everything our organization says or writes about American military policy. But I will tell you this, Mr. Chambers…I have looked at the photographs of the Chacmool incident. I've seen the bodies of those children ripped apart by American bullets. That, to me, resembles a policy that uses a blunt axe.”

Zagblundt's final grasping effort paid off. His response registered with the three judges. Will could see that on their faces. The attorney had only one remaining line of questioning left to turn things around.

“By looking at the bodies of victims, can you tell the intent of an official who ordered that attack that caused the deaths?”

The witness shook his head and smiled.

“Of course not.”

“And by looking at the photographs of these poor unfortunate victims—Carlos Fuego, his wife, and his two little children—by merely looking at the photographs, are you able to exclude the possibility that a high-ranking Mexican official conspired with the AAJ to lead Colonel Marlowe and his unit to that house, and to cause a lookout to shoot in their direction, knowing they would fire back and likely hit Carlos, his wife, and children, all of whom were strapped to chairs inside that house? Can you exclude that possibility merely by looking at the photographs of the victims?”

Zagblundt's hands were outstretched again, groping, reaching for a response. But this time they found none. Finally, he drew them back, folded them politely in front of him, and gave a half-smile.

“Of course not, Mr. Chambers. It would be unreasonable to jump to any such conclusions based only on the photographs.”

Zagblundt was not willing to stretch his testimony any further.

Nor was Will Chambers willing to venture into any more fields laden with legal landmines.

Whether it could be characterized as a truce or not, Will did not know. But the result of his cross-examination of Zagblundt—at the very best, perhaps—might only have been a draw.

73

A
LONE IN THE ELEVATOR
, W
ILL
was oblivious to the fact that it had reached the floor of the courtroom in the International Criminal Court Building and that the doors were open. In fact, they were beginning to close when Will snapped out of his cogitation and thrust his hand out to catch them and exit.

He had been deep in thought about the testimony he would present that day. The defense case would be compact, even slim. It would consist of only two bodies of evidence. First, the testimony of Caleb Marlowe himself.

And secondly, Will would have to rely on the deposition testimony of Damon Lynch. Will knew the prosecutor's office had filed an objection to its admissibility, and that was yet to be argued. Of course, he was also relying, in part, on the Article 32 hearing testimony, which the prosecution had moved into evidence in its case. Will considered that a two-edged sword, actually helping the defense slightly more than the prosecution—though prosecutor Les Forges obviously didn't see it that way. But he would rely on Sergeant Rockwell's testimony that Marlowe had been in possession of intelligence information that linked the group in the house at Chacmool to the terrorists who had attempted to kidnap Secretary Kilmer.

Will, Jacki, and Professor Redgrove had spent the previous evening framing and analyzing the questions that he would put to his client during direct examination.

And now, as Caleb Marlowe sat in the witness stand in a simple civilian suit and tie, Will knew he would have to strenuously confine his questions to the game plan.

Marlowe described the authorization he had received from the highest levels of the United States government for the attack. But
under Will's questioning he also laid the foundation for its preparation.

The operation had really begun at the Economic Summit of the Americas, which had been convened at a lavish hotel in Cancún. Three Secret Service agents had been killed, and a fourth injured, when Kilmer was abducted. Eight terrorists in all had been involved in the operation. The USS
Nathan Hale,
which was in the area, had been dispatched to a point just off the Yucatán Peninsula and would provide a launching platform. Marlowe's BATCOM unit was aided by other special operations forces and a squad of United States Marines. In the ensuing rescue four of the terrorists had been killed and Kilmer had been released unharmed, but the other four terrorists had fled.

Marlowe then explained the hastily arranged meeting aboard the
Hale
between himself, the Deputy Director of the CIA, the Deputy Secretary of Defense, and a representative of the Defense Intelligence Agency. He was told that the Mexican government had authorized the deployment of American troops to secure the release of Secretary Kilmer.