The TRIBUNAL (36 page)

    Judge Orozco was silent, taken aback by the objection.

    Judge Davidson, however, was impatient. “We’re not going to waste any more time with this,” he snapped.

    Kevin, not sure what Judge Davidson meant, was determined to forge ahead. “Did you delete the membership list of Black Dragons from your database?” he repeated in a loud voice.

    On the computer screen, a file labeled ‘membership’ could be seen among those in the recycle bin. Jacobson glanced at the screen, and then quietly said, “Yes.”

    “When?”

    “On Saturday.”

    “Why?”

    “I was instructed to do it.”

    Kevin couldn’t wait to ask his next question. “By whom?”

    Stone leaped to his feet. “Madam President!” His voice was booming with as much bluster as he could summon. “This is privileged information. It’s entirely irrelevant to the case. I must instruct the witness not to answer.”

    Judge Davidson’s face turned bright red. “And I instruct the witness to answer the question right now,” he yelled. “Who told you to delete that file?”

    Jacobson was now bent on saving himself. He didn’t hesitate. “Mr. Stone.”

    All eyes turned to Bradford Stone. Even Charles Oswald was looking at him. Stone’s face had turned crimson. He looked down at some notes.

    All of a sudden there was a noise from behind Kevin. “Strike Three!” Draga yelled, standing up and waving his arm like an umpire calling a batter out. The guards moved forward quickly to restrain him. Draga sat down, a wide smile on his face. The guards couldn’t help themselves. They broke out in laughter.

    Judge Davidson ignored the outburst. His gaze was directly at Bradford Stone. The judge was livid. “Is that
true
, Mr. Stone?” he barked.

    Stone rose slowly from his chair. “May I have a word with my co-counsel?”

    Judge Davidson glared at Stone. “We’ll be in recess for ten minutes,” he announced. “I want a full explanation for this when we reconvene. That is an order.”

    The judges stood up and strode from the bench. Kevin saw Judge Davidson grab Judge Orozco’s arm and say something to her as they left.

    Oswald and Stone quickly left the courtroom as well.

    Kevin noticed that there were no spectators today in the visitor’s gallery.
Pity
, he thought. He hoped the news media was covering this session from the press room. He wanted the people holding Ellen to know the extent to which he was fighting for Draga.

    “Was he hiding evidence?” Diane asked Kevin

    “He sure was. I hope they don’t let him out of this one.”

    “How did you find out?”

    “I checked the recycle bin at lunch, just like he said. I saw the membership file.”

    Kevin couldn’t wait for the ten minutes to be up. He turned around. Draga was laughing with the guards and repeating his umpire gesture. When his eyes met Kevin’s, he shadowboxed three punches. At least the accused was enjoying his trial now.

    The judges filed in exactly ten minutes after they had left. Their expressions were grim. Kevin noticed Charles Oswald sitting alone at the prosecution’s table. Bradford Stone was nowhere to be seen.

    Judge Orozco began by recognizing Oswald. “Madam President, Your Honors, I would like to apologize to this Court for what has transpired this afternoon. We have suspended Mr. Stone, effective immediately. He will no longer be participating in this trial, and our office will conduct a full investigation into the matter.”

    Judge Orozco smiled grimly. “I think that is very appropriate, Mr. Oswald. Are you prepared to proceed with the trial?”

    “Yes, Your Honor. And furthermore, I wish to advise the court that I had no knowledge of the deletion of these files until I heard about it in Court. Those files should have been turned over to Mr. Anderson months ago. I very much regret what has occurred here today.”

    Judge Orozco smiled again. She seemed satisfied that the problem that threatened to unravel the trial had apparently been solved.

    Kevin, however, was not about to let it go so easily. “Madam President, I move to dismiss the case on the grounds of outrageous prosecutorial misconduct. Evidence has been hidden, misrepresentations and perjury have been committed in this very courtroom, and the attorney-client privilege has been shamefully violated. You must send a clear message that this cannot be tolerated in this Tribunal.”

    Judge Davidson interjected. “Mr. Stone has got that message loud and clear. You can now have the evidence that was withheld so that you’re not disadvantaged by his misconduct. But we’re going to decide this case on its merits. The Tribunal is here to seek the truth about what happened in the former Yugoslavia. Your motion is denied.”

    Kevin looked down and shook his head.

    “Do you want more time to review the evidence?” Judge Orozco asked Kevin.

    “No, I’d like to continue my cross examination.”

    “I’d like a recess so I could consult with counsel for the prosecution,” Jacobson interjected from the witness box.

    Judge Davidson glared at him. “That won’t be necessary. We just had a recess. Proceed, Mr. Anderson.”

    “Mr. Jacobson, could you open the file containing the membership list?”

    Kevin saw the mouse shake as Jacobson moved it to open the file. Beads of sweat could be seen on his forehead.

    “What exactly is this?” Kevin asked when a list of names had been projected on the screens.

    “It is a list of all persons who were members of the Black Dragons from the beginning of the war in Bosnia in 1992 through the end of the war in 1995.”

    “Where did you get it?”

    Jacobson hesitated. He looked over at Oswald, who made no effort to object. “Do I have to answer that question?” he asked Judge Orozco.

    “Yes, you do,” Judge Davidson answered for her.

    “We received it from the American Central Intelligence Agency.”

    “Are you convinced it is complete and accurate?” Kevin asked, avoiding further questions about the CIA.

    “Yes, I am.”

    “I take it that you have checked the names of the people on defense exhibit 5 who have been identified in this court as having committed war crimes against this list of bona fide Black Dragons?”

    “Yes,” Jacobson’s voice was barely above a whisper.

    “Please tell the court the result.” Kevin’s voice dropped to match that of Jacobson.

    Jacobson took a deep breath. “None of the people who committed war crimes were on the list of Black Dragons.”

    “So you have no evidence that the people who committed the war crimes were under Mr. Zaric’s command?”

    “That’s correct.”

    “And that’s why this file was deleted?”

    Jacobson shifted in his seat. “I guess so,” he said, never looking up.

    Kevin could have stopped, but he had noticed one more thing.
This one’s for you, Nihudian
, he thought.

    Looking up at Jacobson, Kevin said, “Please open the file labeled ‘Stigic.’”

    Jacobson complied.

    An invoice from Stigic Sewing Shop appeared on the screen.

    “What is that?” Kevin asked, knowing it was the very piece of paper that Nihudian had died trying to help him retrieve.

    “It’s a copy of an invoice from Stigic’s Sewing Shop in Sokolaz.”

    “What is the significance of this invoice?”

    “Stigic made two dozen Black Dragon uniforms in 1992.”

    “For whom?”

    “Victor Vidic,” Jacobson was now sticking to the shortest possible answers.

    “The same Victor Vidic who committed the brutal war crimes we have heard about in this court.”

    “Yes.”

    Kevin spoke clearly and with emphasis on each word. “He ordered these uniforms so he and his associates could impersonate the Black Dragons, correct?”

    “Yes.”

    “I’d like to offer this invoice as defense exhibit 6.”

    “Defense exhibit 6 will be admitted,” Judge Orozco said after seeing that Oswald was not objecting.

    Kevin turned back to Jacobson. The man was not resisting any more. He just wanted to get his testimony over with. Kevin pressed on for the final thrust.

    “You have no evidence that Mr. Zaric had any command or control over Victor Vidic or anyone else on defense exhibit 5, do you?”

    “No.” Jacobson conceded.

    “You have no evidence that Mr. Zaric ever even met the people who committed the war crimes, let alone commanded them, do you?”

    “No,” Jacobson admitted.

    “I have no further questions, Your Honor,” Kevin said, taking his seat. He saw Jacobson’s taut face relax.

    “Any questions on redirect, Mr. Oswald?” Judge Orozco asked.

    “No, Your Honor.”

    “Very well, the witness may be excused.”

    Jacobson got up from his seat and took his laptop with him to the prosecution table. He sat down at his usual place. No one looked at him and he looked at no one.

    Judge Orozco looked to Oswald, who rose again. “The prosecution rests.”

    “Very well. I believe then that it is your turn, Mr. Anderson,” Judge Orozco said lightly as the tension lifted from the courtroom. “It’s almost four o’clock. Would you like to begin tomorrow?”

    Kevin stood up. “The defense rests, Your Honors.”

    Judge Orozco’s eyebrows shot up. “You mean you aren’t calling any witnesses?”

    “That’s correct. They’ve just admitted everything I would prove. Mr. Zaric had no responsibility for the men who committed the war crimes.”

    “Very well, then,” Judge Orozco said, collecting her thoughts. “We’ll have closing arguments tomorrow morning at 9:30. Court is in recess.”

    Kevin turned and looked back at Draga. He walked over and Draga gave him a huge bear hug. “You destroyed them!”

    Kevin smiled. “They’re still the home team. I’ll see you in the morning.”

    Kevin walked back over to the defense table to gather his papers. He sat down next to Diane. “Why didn’t you use the CIA evidence?” she asked, her brown eyes boring in on him. “I thought you were going to do everything to save Ellen.”

    “I just couldn’t, Diane. I had to act in the best interest of my client. It was the right thing to do. And besides, if these judges find Draga guilty after what they heard today, no evidence from the CIA or even God Himself is going to change their minds.”

    Diane got up shakily. “I hate you and your games.” She ran from the courtroom. Kevin sat there in the courtroom, alone now, stunned. He had just finished the best cross-examination of his career. He had followed his instincts about the CIA evidence. But his instincts had, after all, caused him to lose Ellen.

    Had he made the wrong decision? One that might cost his daughter’s life?

    

    Ellen, in her room at the farm, heard the sound of a car drive up. She peeked through the curtains and saw Hans walk out of the barn and meet the car.

    Ellen saw a brown-haired woman driving, and two young girls in the back. Ellen saw the woman showing Hans some papers. After a few minutes, the woman took back the papers and Hans stepped back from the car door. The woman started driving around towards the road. As she did, Ellen’s eyes met the eyes of one of the girls. The girl looked familiar, like someone Ellen had seen at school. Ellen waved. As they pulled away, Ellen saw the girl excitedly bouncing in the car, tapping her mother’s shoulder.

    
I hope she recognized me
, Ellen thought.

    When the car drove away, Hans rushed into the house. Ellen came out into the kitchen. Hans was talking heatedly in Dutch to Jan and Anna. From what Ellen could understand, the woman in the car was looking for Ellen, and had shown Hans pictures of Ellen and Jan.

    Hans turned to Ellen. “We’ve got to leave here. Get you’re stuff ready.”

    “What’s happening?”

    “Never mind. If you want to take anything, grab it right now. We’re leaving.”

    Ellen thought of all the homework she had done. She ran around the house, gathering her homework binders and stuffing them into her backpack. She wondered if she should bring some clothes, but she had nothing else to carry them in.

    She put on her raincoat and stood by the door.

    “Let’s go,” Hans said.

    Ellen followed Hans and Jan out the door. Anna was behind her.

    “Wait,” Ellen yelled. She ran back into the house, and came out holding Johanna in her arms. “Am I going home now?”

    No one answered her. Ellen thought they would get in the black van, but Hans led them through a field to a road behind the pasture that Ellen had never seen before. After walking rapidly down the road for a good five minutes, they came to a wooden shed the size of a garage. Hans unlocked the shed. Ellen saw an old blue van inside. “Get in the back with her,” Hans told Jan. Anna got in the driver’s side and Hans in the front passenger’s side. Ellen squeezed Johanna as Anna turned the ignition.

    “It’s okay,” Ellen bent over and whispered to Johanna.

    “Wait. I forgot my wallet,” Jan said suddenly. “I don’t want it left in that house.”

    He ran out of the van, and back down the road. Anna pulled the van out of the garage and waited. Hans fidgeted around the van nervously. Suddenly, in the distance, they heard the sound of police sirens. The sounds were getting louder.

    “We’ve got to get out of here,” Hans shouted. “Let’s see if we can get on the main road. If no one’s near the farm, we’ll go in and pick Jan up.”

    Anna drove the van slowly, with the lights out, away from the farm. When she reached a paved road, she turned the lights on. Hans gave her directions to get back to the main entrance to the farm. As they approached, they saw police cars parked near the road leading to the farm. They could see flashing lights down the road in the direction of the farmhouse.