The TRIBUNAL (27 page)

    “Good morning, Witness A,” Judge Orozco said.

    “Good morning,” the witness responded in the BCS language.

    “Please read the oath from the card in front of you.”

    The witness read the oath, affirming that his testimony was the truth, the whole truth, and nothing but the truth.

    “Witness A, the usher will now show you a piece of paper with a name on it. Please tell me if this is your true name.”

    The usher approached the witness with a piece of paper. “Da,” said the witness, which meant “yes” in BCS.

    Kevin had been given the witness’ true name several months ago, but the public would not know the witness’ identity. That was the Tribunal’s way of protecting the rights of the accused to know and confront the witnesses against him, yet affording the witness some protection against retaliation.

    “Mr. Stone,” Judge Orozco said, “you may begin your direct examination.”

    Witness A’s testimony was much like many of the stories in the reports Kevin had read. He had lived near the municipality of Prijedor in northern Bosnia, and had been stopped one day at gunpoint at a roadblock on his way to work. The Black Dragons manned the roadblock. He had been taken by bus to a school auditorium where he was held all day. He claimed to have seen Draga there, commanding the Black Dragons. At the end of the day, he was bussed to the Omarska Camp.

    Once at Omarska, the witness and other Muslims were subjected to constant beatings and torture. Many of them were shot and killed. As the witness recounted these events, Kevin could not help feeling empathy for this man and all that he had endured. He was not a sophisticated man, and his testimony was devoid of any bitterness. He had lost his freedom, his home, and had been subjected to two months of horror at Omarska. Kevin had no doubt that everything the witness was testifying about was the truth.

    Kevin’s mind kept wandering to Ellen. Was she being held by the same animals who ran Omarska? He wouldn’t even let himself think about that. He pictured Ellen sitting alone in a room somewhere, crying. Maybe the kidnappers would let her go after Draga’s statement was publicized. Maybe the police would get some leads and find Ellen. As he looked over at the witness, Kevin realized that this man must have had similar thoughts about the fate of his own family during his days at the Omarska camp.

    The witness described encountering a cruel man named Victor Vidic wearing a Black Dragon uniform. Vidic had come to Omarska, and had slit the throat of one man in the dining hall while the prisoners watched in horror. “This is what happens if you do not obey the Dragons,” Vidic had said.

    Kevin tried not to show any reaction. Draga could be convicted just on this testimony alone. Under the Tribunal’s law of superior responsibility, a commander was liable for the crimes of his subordinates. It would be critical for Kevin to prove that Victor Vidic was not one of the Black Dragons.

    Kevin thought of the CIA evidence. If he used it, he could prove that Draga warned the CIA about the ethnic cleansing scheduled for Prijedor before it ever began. Now that Ellen’s life was at stake, Kevin could not afford to pull any punches. He would have to revisit the decision about the CIA evidence with Draga before the end of the trial.

    The witness went on to describe how Vidic came to Omarska almost every day and called people out of the rooms. They would be taken to a white house on the property and be beaten or killed. The witness was ultimately taken to another camp and eventually exchanged for Serb prisoners held by the Muslim Army.

    “Do you have any permanent injuries from these beatings?” Stone asked.

    “Yes, I have constant pain in my spine, especially when it is damp weather. I get headaches every day. My vision in one eye is blurry. I limp with my left leg. And I have been treated for depression. Some days I do not get out of bed and lie there wishing Vidic had killed me. My life has been destroyed.”

    Bradford Stone paused. He took off his glasses and looked over at Kevin. “Your witness, counselor.”

    Kevin stood and moved slowly to the podium. He took a deep breath. Every eye in the courtroom was upon him. The sympathy for the witness hung in the air like a rain cloud waiting to expel its moisture.

    “I am so sorry.”

    The man did not respond.

    “You have a lot of courage to have survived all of this, and then to come here and talk about it again.”

    Still the man did not respond. Finally, the witness said, “Thank you.”

    “What happened to your family?”

    “They were forced to leave Prijedor two days after I was taken. They left with the clothes on their back and whatever they could carry. They made it to Croatia and became refugees there, like many people from Prijedor.”

    “How many children do you have?”

    “Three. Two girls and a boy.”

    “How old were they?”

    “My oldest daughter was fifteen, my son was thirteen, and my youngest daughter was ten.”

    Kevin thought of Ellen. “I have an eleven year old daughter,” he said for no reason in particular. “I’m in some pain now, too. But I can’t imagine your pain.”

    “I am grateful that it was me and not them.”

    “I know. I’d change places with my daughter in a heartbeat.”

    Judge Orozco shifted in her chair. Kevin knew that these personal references were making her and everyone else uncomfortable. But he wanted to connect with the witness, and he felt himself making that connection. Witness A had let his back slide down in his chair a bit. It was time to move on.

    “What was Draga doing when you saw him at the auditorium?”

    “He was marching in front of a line of men in black uniforms. They were standing at attention. He appeared to be giving them orders.”

    “Did you see anyone at the auditorium mistreated?”

    “No.”

    “Were you yourself mistreated there?”

    “No.”

    “Did you see Victor Vidic at the auditorium?”

    “No.”

    “Could you please describe the physical appearance of the people at the roadblock and auditorium in the black uniforms?”

    “They were young. They looked very strong and muscular.”

    “Did any of them have long hair?”

    “No.”

    “Did any of them have facial hair?”

    “No.”

    “Did you see any of them smoking?”

    “No.”

    “Did you see any of them drinking?”

    “No.”

    “Did any of them appear intoxicated?”

    “No.”

    “Did they appear to be a group of well disciplined soldiers?”

    “Yes.”

    Kevin paused, hoping to signal a contrast to the judges. “Did Victor Vidic have long hair?”

    “Yes, he did.”

    “Did he have a mustache and beard?”

    “Yes.”

    “Did you ever see him smoking a cigarette?

    “Yes, he had a cigarette every time I saw him.”

    “Did you ever see him drinking?”

    “Yes.”

    “Was he intoxicated at times?”

    “Yes.”

    Kevin was pleased. He was making his points, while not having to attack the credibility of the witness. He tried to take it a little further.

    “Victor Vidic wore the uniform of a Black Dragon, correct?”

    “Yes.”

    “But you don’t know if he was under Draga’s command?”

    “No, I don’t.”

    “Did Vidic act like the men you saw Draga commanding?”

    “No. The men at the roadblock and auditorium were professionals. Vidic was an animal.”

    Kevin took his seat, satisfied.

    His defense of Draga – and Ellen – had begun.

    

    

    Ellen looked at the clock in the living room, which she had now completely converted into a schoolroom. “It’s 1:10. I’m hungry. Can I have lunch now?”

    “You’ll have to make it yourself,” Anna replied.

    They had spent the morning following Ellen’s school schedule. After feeding the puppy, chickens and roosters, and milking the cows, Ellen had begun school precisely at 8:30. Since then she had covered Language Arts, Science, Social Studies, and Dutch.

    “This is a hard day you have at school,” Anna said.

    “I know. Wait ’til you see the math. I’m in advanced math and we’re doing pre-Algebra.”

    “You might be teaching me.”

    Ellen kneeled down and petted Johanna. Ellen picked up Johanna and the two of them played with a sock.

    “I love this puppy so much. Can I take her with me when I go home?”

    “If no one claims her.”

    “I’m not going home today, am I?”

    “No.”

    “When will I go home?”

    “I don’t know. One day we will get a phone call and we’ll be told what to do with you. That’s all I know.”

    “I really miss my parents and my real school.”

    Ellen heard the sound of the front door opening. Johanna squirmed out of her arms and scurried over to investigate. She jumped on Hans’ boots as he and Jan entered.

    Ellen and Anna made sandwiches for everyone and they sat at the kitchen table.

    “I have a job for you,” Hans said when they were seated. “I want you to write a short letter to your parents. Tell them that you’re okay. You can’t tell them anything about where you are, what you’re doing or about any of us. Just tell them that you’re fine and that you miss them.”

    “Okay, I’ll do that as part of my homework tonight.”

    Ellen was determined to give her parents a clue to help them find her. She didn’t know where she was, just that she was on a farm. She thought all day about what she could write. Finally, she wrote a note and showed it to Hans. He did not spot her clue.

    She hoped her parents would.

    

    When court adjourned after his cross-examination of Witness A, Kevin rushed to his office and called Diane. There had been no new developments at home. Next, Kevin headed down to the holding cell in the basement where Draga was kept when he was not in the courtroom.

    Draga had loosened his tie and taken off his blazer. He looked like an executive at the end of a tough day at the office.

    “I owe you, big time,” Kevin said, shaking Draga’s hand warmly.

    “Maybe you’ll forgive my football debts.”

    “What are your football debts?”

    “Well, the Raiders lost the AFC Championship yesterday. Didn’t you hear? I owe you 70 Euros. But the Super Bowl is in two weeks.”

    “I’ve been a little preoccupied,” Kevin said, sitting down on the wooden bench bolted to the wall of the bare cell. “You sure know how to take advantage of a guy when he’s distracted.”

    Draga laughed. “I learned that in the army. Act decisively when your opponent is at his weakest.”

    “Thank you for what you did today. You’ve done more to get my daughter back than anyone.”

    “Any word yet?”

    “Nothing.”

    “You did good with that witness.”

    “Thanks. Only about ninety-nine more to go.”

    “Old Stone face over there didn’t look too happy. I think you neutralized their best witness.”

    “Why did you round up civilians?” Kevin asked, wondering if Draga might break his rule and talk about the case now that he had seemingly broken his other rule and spoken up in court.

    “Our orders were to detain all military-age Muslim males. It was up to the Bosnian Serbs to figure out who was a soldier and who was a civilian. We couldn’t take a town and leave people there to attack us from behind.”

    That made sense to Kevin. “Will you help me win your case and get my daughter back?”

    “I’ll do anything I can to get your daughter back. But winning the case? I don’t think that is possible, with or without my help.”

    “I can’t believe they would hold my daughter for the whole trial. It’s going to take at least a month. She’s never been away from home for more than a week.”

    “Maybe they’ll see that you’re doing the best you can and let her go. I’ll do what I can to pass the word in Serbia.”

    Kevin left the lockup and headed for home. The news crews were awaiting him outside the Tribunal guardhouse.

    “Any news on your daughter?” one reporter shouted.

    “Nothing.”

    “How do you expect to win Draga’s trial? Nobody has ever been acquitted at the Tribunal.”

    “Draga’s case is unique,” Kevin replied. “I’m convinced that he’s innocent.”

    Kevin realized that he sounded like a zealous defense lawyer. After twenty years as a prosecutor, he didn’t know he had it in him.

    When he arrived home, Diane was sitting on the couch in the living room. Kevin took off his coat and sat down next to her.

    “This is so hard,” she said to Kevin. “To sit here all day doing nothing while Ellen is being held somewhere.” Tears streamed down her face.

    Kevin hugged his wife tightly. “This is a nightmare.”

    “When is it going to end?” Diane sobbed.

    “I don’t know. I just don’t know.”

    “Do you think she’s alive?”

    Kevin closed his eyes. “I think so. What would be gained by killing her? Then their game would be over and they would not have accomplished anything.”

    “What
are
they trying to accomplish?”

    “Make the Court release Draga. Make me fight harder for him. Or maybe it
is
the CIA – trying to make it look like the Serbs. I don’t know. It’s insane.”

    “Will they hold her for the whole trial? I don’t think I can take this much longer.”