The TRIBUNAL (35 page)

    “But, Your Honor, the prosecutor’s access to attorney-client privileged materials in their trial preparation is improper, even if they don’t introduce the seized documents themselves. I move for dismissal of the charges against Mr. Zaric, and request an evidentiary hearing on the matter.”

    “Motion denied,” Judge Davidson growled. He looked over at the prosecution table. “I’m not happy about this, Mr. Stone.”

    Stone tried to make light of the criticism. “Well, it’s only strike one for us. Mr. Anderson’s already got two strikes.”

    Judge Davidson ignored Stone and sat back in his chair, his face wrinkled in a frown.

    Judge Orozco leaned forward “Do you have any further questions for this witness?”

    Kevin clenched his teeth. These prosecutors could get away with anything in this court. They had just violated the attorney-client privilege as well as searching Kevin’s home without probable cause. And they had gotten away with it. Judge Davidson has acted as if it was Kevin’s fault for bringing it up.

    “Yes, Madam President, I do.” He turned to Jacobson, who did not look in the least bit chastised. “Let’s go back to the main directory.”

    Jacobson complied.

    Kevin was really fishing now, his mind frantically trying to recall his other pretrial motions that the prosecution had made factual representations about. Then he remembered the motion that claimed that Draga’s kidnapping and arrest had been orchestrated by the U.N. forces.

    “Mr. Jacobson, do you keep a time log or other record of the time you have spent on this investigation?”

    “Of course. My bosses and Mr. Stone here always want to know what I have been doing with my time.” He chuckled at his own attempt at humor.

    “Could you please open the directory that contains those time records?”

    “Certainly.” Jacobson scrolled to the Time Slips program and opened the directory. Dates were listed for the past three years.

    “Could you please open the file for July 21
^st
?”

    Stone was on his feet. “Objection, Madam President. This is completely irrelevant.”

    Judge Orozco shook her head. “Let’s see where this is going for a little longer.”

    Jacobson opened the file. “What does it show you doing on that day?”

    “I was in Bucharest, Romania, doing investigation.”

    “Did Mr. Stone know where you were and what you were doing?”

    “Of course.”

    “What were you doing in Romania two days before Mr. Zaric’s kidnapping and arrest?”

    Jacobson did a double take. His eyes met Kevin’s for an instant, and then darted to Stone. Kevin knew that Jacobson had now recognized the trap. If the U.N. had no knowledge of Draga’s kidnapping until the kidnappers dumped him at the Romanian border, how could Jacobson explain his presence in Romania two days before the kidnapping?

    Stone started to rise to object, then thought the better of it. He, too, realized the relevance of the question. He left it to Jacobson to wriggle his way out on his own.

    “Mr. Jacobson?”

    “Yes. I, um, I was in Romania doing liaison work with our U.N. forces.”

    Kevin let the vague explanation slide and got right to the heart of the matter. “Did you have any advance knowledge of Mr. Zaric’s kidnapping and arrest?”

    Jacobson was clearly uncomfortable. “Uh, what do you mean by advance?”

    “Did you have any knowledge that Mr. Zaric would be kidnapped before it took place?”

    “Madam President,” Stone whined, rising to protect his witness. “Mr. Anderson is using his cross-examination to re-litigate pretrial motions which have already been decided. This is irrelevant to the issue of the guilt of the accused.”

    Judge Orozco was about to speak when Judge Davidson chimed in. “Mr. Stone, didn’t the prosecution represent in connection with that motion that it had no advance knowledge or participation in the kidnapping of Mr. Zaric?”

    “That’s possible, Your Honor. I don’t quite recall all the pretrial litigation. Mr. Anderson filed a number of frivolous motions.”

    Judge Davidson ignored the swipe at Kevin. “Mr. Jacobson, did you have advance knowledge of Mr. Zaric’s kidnapping?”

    Jacobson looked down. He slowly raised his head and looked at the judge. “Yes, Your Honor.”

    Judge Davidson turned to Kevin. “You may continue, Mr. Anderson.”

    “Did Mr. Stone have advance knowledge of Mr. Zaric’s kidnapping and arrest?”

    Jacobson shifted uncomfortably in his seat. Stone burst to his feet. “That is completely irrelevant and an unwarranted personal attack by counsel,” he shouted, sounding indignant.

    Judge Orozco was back in charge. “Objection overruled.”

    All eyes returned to the witness box. “Yes,” Jacobson answered. “He knew.”

    “Did he help plan Mr. Zaric’s apprehension?”

    Kevin looked over at Bradford Stone. He was agitated, whispering to Charles Oswald. Jacobson looked over at them before answering to give them time to object.

    Finally, it was Oswald who rose. “Madam President, we must respectfully object to this line of questioning as being privileged internal communications and going into matters of attorney work product.” He sat down quickly.

    Judge Orozco smiled. “You’ll pardon us if we don’t share your new-found concern for attorney work product. Mr. Jacobson, did Mr. Stone help plan the arrest of the accused?”

    Jacobson shot one last look at the prosecution table. “Yes.”

    “Your Honors,” Kevin said, “I again renew my motion to dismiss the case against Mr. Zaric and request a full evidentiary hearing on the legality of his arrest.”

    Judges Orozco and Davidson looked over at Judge Linares, who was reviewing a ream of papers in front of him. Judge Linares looked up.

    “Mr. Stone, I have your response to the motion in front of me,” Judge Linares said. “It appears that you clearly led the Court to believe that the United Nations had no advance knowledge of or participation in Mr. Zaric’s kidnapping and arrest.”

    Stone rose, his arrogance gone for the moment. “I apologize if the court read our response in that fashion. I seem to recall that the main thrust of that response was that a person was not entitled to dismissal even if the arrest was illegal. In any event, we have not used any evidence seized in connection with the arrest and therefore the legality of the arrest is irrelevant.”

    Judge Linares did not respond immediately. He appeared to be studying the papers in front of him.

    Judge Davidson broke in. “You are correct, Mr. Stone. The legality of the arrest is not relevant to the issues at this trial. Mr. Anderson, your motion is denied.”

    Kevin mustered every ounce of restraint to keep from slamming his fist in frustration.

    Judge Davidson glared over at the prosecution table. “But that’s strike two, Mr. Stone.”

    Kevin was furious. How could they keep getting away with this? He took a deep breath and tried to maintain a professional demeanor. He wanted to scream.

    “Let’s take a thirty minute recess,” Judge Orozco said.

    After the judges left, Kevin slumped in his chair next to Diane. “I can’t believe this! These morons are ready to lock me up when I am accused of doing something wrong, and they won’t do a thing to Stone who’s been caught in two lies to the Court.”

    Diane patted his hand sympathetically. “You’re doing the best you can.”

    “This is not a fair trial!”

    A guard approached Kevin from the back of the room. “Your client would like a word with you.”

    Kevin got up and followed the guard to the interview room just outside the courtroom. When he got inside and the guard had shut the door, Draga sprang to his feet. He punched his right fist out, then his left, like he was shadow boxing. “One, two,” he shouted. “You got him on the ropes. You’re killing him. This is better than a heavyweight fight, Kevin. I love it!”

    Kevin couldn’t help but laugh, even though he was still angry. “My biggest fan, thank you. But I can’t believe these rulings. These judges will tolerate all kinds of crap from the prosecution.”

    Draga started hopping around the room with his hands together in front of his stomach. “What are you doing?” Kevin asked.

    “I’m hopping like a kangaroo. Should I do it in the courtroom and let them know what I think of this kangaroo court?”

    “No, thank you. My, you are animated today. What did you have for breakfast?’

    “I just love going to the prizefights, Kevin.”

    “Well, we may be landing a few punches, but the referees are the ones who’ll declare the winner. And I don’t like our referees.”

    “Any more news on your daughter?”

    “Her whole school is out in Utrecht hunting for her right now. Hundreds of kids and grown ups.”

    “That’s really something.”

    “And the police expect Golic to fly in tomorrow.”

    “Will they arrest him?”

    “I don’t think so. I think they’ll follow him to Ellen.”

    “Listen, I need to make some arrangements for my family,” Draga said. “Will the CIA stuff come up tomorrow?”

    Kevin took a deep breath. “I’m not going to use it.”

    Draga’s eyebrows arched in surprise. “Why not?”

    “It’s complicated, but in the end it comes down to integrity. I took on the responsibility of being your lawyer. And I have to act in your best interests.”

    “But what about your daughter?”

    “All my life, I’ve believed that if I did the right thing, everything would work out. So, I’ve decided to do the right thing. I’m praying that it works out for Ellen.”

    Draga put his arm around Kevin. “You are the most courageous, honest person I’ve ever met.” He squeezed Kevin’s shoulders then pulled back. “I’ll never tell another lawyer joke for as long as I live.”

    Kevin smiled.

    Draga was grinning as well. “I like your attitude, Kevin. And I think you are right. If you do good, good will be done to you. I wish I had lived by that rule, I wouldn’t be here right now.”

    “You gave me permission to use the CIA evidence despite the consequences to you and your family. I haven’t seen that kind of character in anyone around here.”

    “Well, let’s go kick some butt.” Draga pumped his arms once again.

    “I’ve got some good news for you, sports fan,” Kevin said as he knocked on the door for the guards.

    “What?”

    “I think I might have strike three on Bradford Stone.”

    

    

    “Mr. Jacobson,” Kevin began when court resumed. “I’ve had the usher place defense exhibit 5 in front of you. It’s displayed on the screen as well. Do you see that document?”

    “Yes.”

    “And from sitting in this courtroom during the entire trial, you know what this document is, don’t you?”

    “Yes, I do. It’s the list of names of Black Dragons who our witnesses have identified as having committed war crimes.”

    “Is the list complete as far as you can tell?”

    “Yes.”

    “Madam President, I offer defense exhibit 5 into evidence.”

    Judge Orozco looked over at the prosecution table. There was no effort to object to the seemingly harmless list. “Defense exhibit 5 will be received into evidence.”

    “Thank you, Madam President.” Kevin turned to face Jacobson. “Now that we have a list of the people who committed the war crimes, I’d like to compare that to the list of members of the Black Dragons under Mr. Zaric’s command. Do you have such a list?”

    Jacobson hesitated for a moment, as if trying to recall. “No, I do not.”

    “Is such a list contained in your database?”

    “No.” Jacobson glanced over toward Bradford Stone.

    “Could you please go to your laptop and return it to the main screen that you see when you first turn on your computer?”

    Jacobson complied, a puzzled look on his face.

    Kevin continued, “Now could you double click on the icon called ‘recycle bin’?”

    Jacobson didn’t comply. His eyes wide, he looked at Stone, who leaped to his feet. “Madam President, I strongly object,” said the prosecutor. “This is another fishing expedition. It is a waste of this court’s time and wholly irrelevant.”

    Judge Orozco cut him off. “He’s caught some fish already today, Mr. Stone. I think we’ll let him continue for a while.”

    “Thank you, Madam President,” Kevin said. “This won’t take long.”

    Kevin instructed Jacobson to open the recycle bin.

    Jacobson’s face had gone pale. He did as directed.

    “These are the files which have recently been deleted from the computer, correct?”

    “Correct,” Jacobson looked over at Stone again.

    Kevin paused before asking his next question. He waited for Jacobson to look at him. “Mr. Jacobson, my next question is a career-breaker. I want you to think carefully before you answer it. Think of your livelihood, your family, your integrity.”

    Stone was on his feet. “This is totally improper. Counsel is badgering the witness.”

    “Ask your question, Mr. Anderson,” Judge Orozco said, “without the drum roll.”

    Kevin smiled sheepishly.

    The tension in the courtroom was palatable. Even Judge Linares was leaning forward waiting to hear the next question.

    “Mr. Jacobson, did you delete the membership list of Black Dragons from your database?”

    Jacobson was about to answer when Stone leaped to his feet. Finally realizing where this was going, he was desperate to stop it. “Madam President,” he shouted, “this is outrageous! I caught Mr. Anderson breaking into our database during the noon recess. He was sitting in the witness box using Mr. Jacobson’s laptop computer. He cannot be allowed to profit from this skullduggery.”