The TRIBUNAL (26 page)

    “I’d like to go visit my client,” Kevin said. “If someone did kidnap Ellen on his behalf, maybe he might have some ideas about who.”

    “Does Draga know you have a daughter?”

    “Yes.”

    The detective frowned. “Does he know she goes to the American School?”

    “Yes.”

    “Maybe he had something to do with it.”

    “I really don’t think Draga would have Ellen kidnapped. He’d probably kidnap Bradford Stone’s child rather than mine. He would know that I’m the person at the Tribunal with the least ability to get him released.”

    “What do we do now?” Diane asked. “They may never call again.”

    “The call may not have been from the people who have Ellen,” Detective Weber replied. “It could be some cruel hoax. The caller sounds Dutch or German. A high profile case like this brings out all sorts of crazies. It’s strange to kidnap someone and then demand something that the victim has no control over.”

    “I want to go talk to Draga. I feel like he might be able to help.”

    “I’d like to have the conversation recorded,” the detective said.

    Kevin was silent for a minute. “I’m uncomfortable about that. We have an attorney-client privilege. And I feel strongly that he’s not involved. He’s too smart, and he wants to get his trial over with. How about if I just talk to him in private for now?”

    “Well, that’s your decision. If we have the conversation on tape, we can analyze it for small things that might tip us off if he is lying. But, I understand your concern.”

    Diane spoke up. “For God’s sake, Kevin, we’re dealing with Ellen’s life. You have to do everything to help the police.”

    “I really don’t think Draga is involved. I know him pretty well by now.”

    Diane stood up and walked away from the table.

    Kevin took a deep breath. He didn’t want to upset Diane. She was holding up amazingly well under the strain. Her daughter had been gone for two days now. But he didn’t want to violate the law or Draga’s trust either.

    Kevin and Detective Weber were followed by a group of reporters when they left his house. When they arrived at the jail, he was led into the interview room.

    Draga was already there, and he stood up as soon as he saw Kevin.

    “I’m sorry about your daughter, Kevin. You look like hell.”

    “I feel worse than I look.”

    They shook hands.

    “I’ll do anything I can to help,” Draga said. “Do you think this is about the trial? There’s been all kinds of speculation on the news.”

    Kevin told Draga about the call that morning. Kevin watched Draga closely for signs he knew something about the kidnapping. “Do you have any idea who might be behind this?”

    Draga thought for a minute. “I hate to say this, but there are all sorts of idiots in Serbia who might think up something like this. The thing that throws me off is that they think the caller might be Dutch or German.”

    “Are there any of your supporters that come to mind who might do this?”

    “Lots of people. Just about any of the old Dragons on that list I gave you might have gotten some people together thinking this would help me. But they don’t speak English, and they don’t really know any Dutch or German people.”

    “The police think there’s at least a possibility that the call might not have even been from the kidnappers. It might have been a copycat or hoax or something.”

    Draga nodded.

    “I gave the CIA reports and tapes to the police detective. We can probably get them back if we decide to use them in your trial, but I had to turn them over. I thought the CIA kidnapped my daughter to get the reports back. Pete Barnes came to my house yesterday morning and denied it. I don’t know whether to believe him or not.”

    “Let me know what I can do, Kevin.”

    Kevin shook Draga’s hand before he left. “I really appreciate your attitude. It’s funny, but you’re the person I trust the most right now.”

    “I’m sick to think that your daughter has been kidnapped because of me.”

    Kevin left the visiting room and met up with Detective Weber. He told her what Draga had said.

    “I’m positive he’s not behind this,” Kevin said.

    When they left the detention center Kevin asked about Vacinovic. “Can I go talk to him?”

    “We’re still gathering intelligence information on him. Let’s sit tight for a while. Everywhere you go, the reporters follow. If he is involved, I don’t want to spook him.”

    When they returned to his house, Kevin told Diane about his conversation with Draga. She didn’t ask if he had recorded it. Kevin suspected she already knew the answer.

    “Judge Orozco’s assistant called,” Diane told him. “The Judge is offering to postpone the trial.”

    “No. I have to get Draga acquitted.”

    He took the phone number and called the Tribunal’s legal officer. “I appreciate the Judge’s consideration,” Kevin said, “but please tell Judge Orozco that I don’t want the trial delayed. I’m prepared to be in court tomorrow.”

    An hour later Kevin received another call from the legal officer. Court would begin as scheduled at 9:30 in the morning. Kevin was beginning to feel exhausted again.

    Detective Weber left Diane and Kevin with one officer to monitor any calls, and two officers outside their front door.

    “What are we going to do, Kevin?” Diane asked. “I feel so helpless.”

    “I’m going to try to win Draga’s trial. That’s all I can do.”

    “If that call was from the kidnappers, it sounds like they’re prepared to hold her for a long time,” Diane said.

    Kevin agreed. “I hope they’re treating her well.” He did not express his next thought:
I hope she’s alive
.

    Kevin went to bed at eight o’clock that night. He tossed and turned, searching for the magic words he could say in court that would win Draga’s acquittal and get his daughter back before something terrible happened to her.

    

    

    Although he took his usual seat at the defense table in Courtroom 1, Kevin felt like a different person than he had been on Friday. It was as if he had an entirely new client: his daughter. This gave him a personal stake in the outcome that he had never experienced before as a prosecutor.

    Everyone treated him differently as well. From the moment he came into the building trailed by news crews, people offered their sympathies and wished him luck.

    Kevin looked up from the table when he heard a familiar voice. “Mr. Anderson, I’m so sorry about your daughter. I gave you the application to be defense counsel, and I can’t help but feel this is all my fault.”

    Kevin saw a grief-stricken Mrs. Kelly.

    “It’s not your fault at all, Mrs. Kelly. You’re the nicest person I know here.”

    Mrs. Kelly would not be consoled. She continued in her Irish accent. “If there’s anything I can do, please let me know. And give my best to your wife. Poor dear, this must be frightful for her.”

    Kevin struggled to keep his emotions in check as he thanked the motherly Mrs. Kelly. He concentrated on keeping his professional demeanor in court. He had written an outline of what he wanted to say to the Court, and he reviewed it again.

    “All rise!
Veuillez vous lever!
”

    Kevin came to his feet as the judges filed into the courtroom.

    Led by Judge Davidson, they all looked somber and grim. They sat down at their places as Draga was brought in from the door behind Kevin. Kevin was surprised to see that Draga was not wearing his jogging suit. Instead, he was dressed immaculately in a navy blue blazer, gray slacks, a white shirt and red tie.

    Judge Orozco was the first to speak after the case had been called. “The Court wishes to express its sorrow to Mr. Anderson and his wife over the kidnapping of their daughter. We are all praying for her safe return.”

    Kevin nodded in thanks.

    “We were prepared to postpone this trial, and not convene today. However, Mr. Anderson has requested that court proceed as scheduled this morning. We have honored that request. Mr. Anderson, do you wish to be heard?”

    Kevin stood up and moved to the podium. “Thank you, Madam President,” he said in a voice that sounded higher and shakier than he would have liked. “It is difficult for me to be here, knowing that my daughter is being held somewhere against her will.”

    He fought to choke back tears as he visualized Ellen. “Yesterday, we received a telephone call saying that she will be released only if Mr. Zaric is released. So I am here today to continue my efforts on behalf of Mr. Zaric. It is the only thing I can do to help bring my daughter back.”

    Bradford Stone rose from his chair. “Your Honors,” Stone’s voice had no trace of sympathy. “The prosecution would urge the court to replace Mr. Anderson as counsel for the accused, given the emotional state that he must be in. The situation has given him a personal stake in the case. I believe that it would impair a lawyer in the performance of his duties towards his client.”

    “I was thinking the same thing,” Judge Davidson interjected. Turning to Kevin, he addressed him for the first time. “Mr. Anderson, I really don’t think you should continue. You should be helping the police. You can’t give Mr. Zaric’s case your undivided attention under these circumstances.”

    Before Kevin could respond, Judge Orozco spoke. “I agree,” she said, looking directly at Kevin. “As a mother, I can imagine the pain that you and your wife must be feeling. You’re in no condition to participate in a trial.”

    Kevin was fighting a feeling of panic. He couldn’t leave Draga’s trial. It was his only hope of getting his daughter back. He took a deep breath and rose. “I want to continue,” he said evenly, trying to keep the emotion out of his voice. “Perhaps it would be easier to sit home with my wife and wait for the phone to ring. But, my place is in this courtroom fighting for my daughter’s freedom, as well as for my client’s. It is true that I do now have a personal interest in the case, but that interest is the same as my client’s.”

    Bradford Stone rose again. “After he is found guilty, the accused will most certainly claim on appeal that he received ineffective assistance of counsel. The Court simply cannot allow Mr. Anderson to continue under these circumstances.”

    “Stop telling the Court what it can or cannot do,” Judge Davidson spat. “What about the delay in the trial? A new lawyer would take months to prepare.”

    “Well, Your Honor, I have spoken to Mr. Krasnic this morning. He told me that he would be able to step in and assist the court within two weeks.”

    Kevin bristled. Krasnic couldn’t prepare Draga’s case in two months, let alone two weeks.

    Judge Orozco looked at Kevin. “Mr. Anderson, I don’t see how we can proceed in the absence of a waiver by your client, agreeing that your continued representation would not be a basis for overturning the verdict. And, I don’t imagine your client wishes to waive anything.”

    All eyes in the courtroom moved to Draga, sitting behind Kevin, today looking like a natty businessman.

    Kevin wished that Draga would do what it took for him to continue. He knew, however, that he couldn’t ask his client to waive his rights over such a personal matter. But what would the kidnappers do to Ellen if Kevin were no longer on Draga’s case? There would be no incentive to release her. She would probably be killed. Kevin closed his eyes and felt sick.

    “Mr. Zaric,” Judge Orozco said, “we are going to replace Mr. Anderson with Mr. Krasnic. Apparently he will be able to begin your trial in two weeks. Do you have any objection to that?”

    Draga slowly rose from his chair. “Yes, I do,” he said in a strong, firm voice. “I want Mr. Anderson as my lawyer. I want my trial to continue right now.” He sat down.

    Kevin was shocked and grateful. Draga had broken his courtroom silence for him. He looked at his client with deep appreciation.

    Judge Orozco conferred with Judge Davidson. Then she turned back to the accused. “Do you agree, Mr. Zaric, that you will not be able later to challenge the result if you are found guilty on the ground that your lawyer was distracted, or had a conflict of interest, as a result of this situation?”

    Draga once again rose. “I do agree,” he said firmly. Then, looking at the visitor’s gallery, he continued in a forceful voice. “I want those people who have kidnapped my lawyer’s daughter to know that I do not want this. My lawyer is doing exactly what I want him to do. He is doing an excellent job. I am calling on those who are holding the girl to release her immediately.”

    Tears welled up in Kevin’s eyes.

    Judge Orozco was impressed as well. “Mr. Zaric. Thank you for that statement. It demonstrates character and compassion on your part. The Court is grateful to you for your actions here today. We hope that those misguided individuals who have taken Ellen Anderson will listen to what you have just said.”

    Turning to the prosecution, Judge Orozco said, “Call your next witness.”

    Stone stood. “Your Honors, with all due respect, we don’t feel Mr. Zaric has adequately waived…”

    “Call your witness,” Judge Davidson boomed.

    “Yes, Your Honor,” Stone replied meekly. “The prosecution calls Witness A.”

    Kevin turned and looked back at Draga. Their eyes met. Kevin gave Draga the thumbs up sign. Draga winked back at him. Kevin pulled out his folder for Witness A.

    The usher shut the curtain on the glass windows to the visitors’ gallery. Whenever a witness whose identity was protected entered the courtroom, the curtain had to be shut. After the witness sat in the witness chair, which was shielded from public view, the curtains were reopened.

    Kevin noticed for the first time that there was a full house today.