Ultimate Issue (32 page)

There was a movement at the back, and Verago looked over his shoulder. General Croxford had sat down in the spectators section. Next to him were Colonel Kincaid … and Laurie.

She had not mentioned that she would be coming. It was like a sudden betrayal. He caught her eye and she nodded briefly, distantly.

“The court will come to order,” growled Colonel Voigt.

Keep your head clear, Verago kept telling himself. Think of what you are about to do. But he kept thinking of Laurie, sitting five feet behind him, yet like a stranger.

Apollo was on his feet, resplendent in beautifully cut, custom-made uniform.

“The convening authority has directed that these proceedings shall take place in private and that the record shall remain secret,” he announced almost casually.

Tower gave a little smile, but Verago jumped up, suddenly wide awake.

“We object,” he cried. “We very much object. Maybe trial counsel can tell us just what makes alleged adultery a military secret.”

“Sir,” said Apollo, without heat, “there is nothing for Captain Verago to object to. It’s not a decision of this court. It’s a direct instruction from the convening authority. As for military secrets, I remind Captain Verago that the regulations provide for courts-martial to be closed for

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security or ‘other good reasons.’ I guess the command has ‘other good reasons.’”

“No point arguing about it.” The law officer sighed. Major Collins was going to cut it short. “We are all subs ject to superior orders.”

“Court’s closed,” commanded the president.

“In that case, what are General Croxford, Colonel Kincaid, and that lady doing here?” demanded Verago.

Jensen tugged at his sleeve. “You crazy?” he whispered urgently.

“They’re all cleared for classified information,” interjected Apollo smoothly. “There is no objection “

“What classified information?” Verago faced him. “Just what is so secret that we’re going to hear “

“Just one moment,” said Major Collins, and brought out his throat lozenges. He opened the tin and popped one in his mouth. “Defence counsel has a point. I think all those not needed here right now better leave the room.”

He looked sad as he said it.

At the back, Croxford stood up. He let Laurie go first, then he and Kincaid followed her through the swing doors.

“Let the record show there are no strangers present,” intoned the trial counsel.

But Verago hardly heard him. He was wondering why Laurie smiled the way she had as she left.

Like the proverbial cat that has swallowed the canary.

London

“How was your weekend in the country?” asked Deriabin sourly.

“I had a very nice dip in the swimming pool,” replied Ivanov. He didn’t add that the little house guest who joined him, a pretty red-haired model, didn’t wear anything.

“I am glad you had an enjoyable time.” Deriabin sniffed, slitting open the pile of sealed envelopes that had arrived for him in the diplomatic bag. “But that is hardly the point of the exercise, is it? I sometimes wonder if your friend Stephen is nothing but a glorified pimp. Don’t let that world seduce you, my friend.”

“There were some interesting people there too,” said Ivanov hastily.

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“Ah.” Deriabin put down the envelope he had just picked up. “Anyone I should know about?”

“I will put it all in my report,” said Ivanov.

“Please hurry it up. Moscow is waiting. The timetable is well advanced. By the way, did you know Marshal Koniev has been recalled?”

“No.” Ivanov wasn’t quite sure how to react. He decided to play safe. “He was a great soldier.”

“He is a great soldier,” said Deriabin. “I was on his staff when he captured Berlin.”

“I had no idea.”

“Yes, I stood beside him when we hoisted the red flag over the Chancellery. I shall never forget it. It was a moment of pride a man can only have once in his life.” He paused, clearly enjoying the memory. “And his recall to command this special operation is a wise and logical decision.”

He took out a big handkerchief and blew his nose. “I can’t seem to shake off this damn cold,” he said, stuffing the handkerchief back in his pocket. “Now, give me the report on your aristocratic weekend in the swimming pool. Oh, and what about the American?”

‘The courtmartial started this morning.”

“Good.”

“If all goes well, it’ll be over in twentyfour hours.”

Deriabin frowned. “What do you mean, if all goes well? What can’t go well?”

Ivanov wished he had kept quiet. Deriabin was a terrier. Once he had a rat in his teeth, he kept shaking.

“It’s this army lawyer defending him,” Ivanov explained reluctantly. “A man called Verago. He could make a little trouble.”

Deriabin bared his teeth. “Then don’t let him, Captain.” He smiled. “I am sure there are ways and means. Everyone relies on you.”

“I will keep an eye on it,” promised Ivanov. He must really remember not to tell Deriabin too much. “I’ll get on with the report now.”

“Oh, by the way,” said Deriabin when he reached the door, as if he had had an amusing afterthought. “That little swim in the pool? Were you all alone?”

Ivanov thought quickly. One never knew what the GRU was aware of. Better be safe.

“Well, actually, there was a very pretty little nymph splashing around.”

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“Did you sleep with her?”

“No, Colonel,” Ivanov replied truthfully. “Not so far. At the moment she is more interested in a British cabinet minister.”

Laconbur,

One after the other, the seven court members raised their right hand.

How often have I heard those words intoned? Verago wondered. How often have I seen them stand ramrod stiff, as the trial colmsel led them through the ritual?

“… faithfully and impartially try, according to the evidence, your conscience, and the laws and regulations …”

Beside him, Tower stood straight, watching each officer in turn as he swore the oath. And Jensen, on the other side, was stiffly at attention, like a man on parade.

“So help you God.”

“I do,” they swore.

Then it was the lawyers’ turn, first Apollo himself facing the president with raised hand, and then Verago.

Colonel Voigt cleared his throat.

“The court is now convened,” he announced.

Apollo glanced across at Verago. He seemed to expect some kind of move, but Verago just sat, doodling on his pad.

“The accused, Captain John Tower, is charged with conduct which undermines the good order and discipline of the armed forces and behavior which is totally unbecoming an officer,” began Apollo. “The specifications allege adultery, and by that I mean sexual misconduct with a woman not his wife. We will prove that on various occasions in London and elsewhere, Captain Tower has engaged in sexual intercourse with this woman, although a married man….”

The seven officers’ heads had swung around and were all gazing at Tower as if he was an exhibit.

“… and at these places sexual intimacy took place …”

Christ almighty, thought Verago, how many more times is he going to say it. Sexual misconduct. Sexual intercourse. Sexual intimacy.

“… the prosecution will produce documentary evidence, hotel registry entries, receipted bills, photographs surveillance reports, and we win of course can the lady

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in question to testify of her relationship with the accused.”

Tower tensed, and Verago laid a hand on his arm.

“Take it easy,” he whispered, “leave it to me.”

He hadn’t seen Serena Howard, but he guessed they had her somewhere on the base. Well under wraps until they chose to parade her in court.

“We believe we will demonstrate that Captain Tower’s conduct dishonoredand disgraced him as an individual, as a married man, and seriously compromised his standing and mission as an officer in the United States Air Force….”

Apollo sat down. This time he avoided Verago’s eyes.

Jensen leaned over. “Well, Tony, I guess that about sums it up, wouldn’t you say.”

“Don’t they even ask me if I plead guilty or not?” asked Tower.

“Not yet, not yet,” retorted Verago. He was concentrating on Colonel Voigt. An interesting man, he thought.

And as if on cue, Colonel Voigt growled, “Does the accused desire to challenge any member of the court?”

Slowly Verago got to his feet. “Well, sir, the defense would like to avail itself of the right to do a little voir dire questioning,” he said genially.

He could see, out of the corner of his eye, Apollo looking attentive.

“Go ahead, Captain Verago,” said Major Collins.

Verago picked up a clipboard on his desk. Attached to it was a list of names, the roster of the court

“Thank you,” he said politely. He walked up to the row of court members and stopped at the first one.

“You’re Captain Wallace, sir? Twentieth Tactical Fighter Wing at Wethersfield?”

The man regarded him stonily. “Yes.”

“Don’t worry about this, Captain, it’s quite routine,” purred Verago. “Are you married, sir?”

“Why, yes,” said Captain Wallace.

Apollo started to rise, but he was too late to stop Verago.

“Well, now …” began Verago, his tone mild. “Tell us, Captain Wallace, have you ever committed adultery?”

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TRANSCRIPT OF GENERAL COURTMARTIAL PROCEEDINGS U.S. v TOWER RAF STATION LACONBURY

TRTA L COUNSEL: Objection. Irrelevant. Immaterial. DEFENSE COUNSEL: I wouldn’t say that. In fact, I would suggest

LAW OFFICER: Now just hold it. Will counsel approach?

(OUT OF HEARING OF THE COURT)

LAW OFFICER: Now, Captain Verago, is this line necessary?

DEFENSE COUNSEL: Sir, if my client was charged with shoplifting, would it not be highly material and relevant if one established that the jury trying him had itself indulged in larceny?

LAW OFFICER: But you’re not asking if they have committed a crime, you’re questioning them about their private conduct, their morals.

DEFENSE COUNSEL: Precisely. The very thing Captain Tower is on trial for. His morals.

LAW OFFICER: Well, counselor? What does the prosecution say?

TRIAL COUNSEL: I don’t blame my friend for clutching at straws. Maybe I’d do the same in his shoes. But I do not think this matter touches the basic competency of the court members. This court is not a confessional. It’s a good try by Captain Verago, but it won’t wash.

DEFENSE COUNSEL: I hope you rule against me, Major Collins. I hope you forbid me to continue this line of questioning. That’ll do fine for appeal purposes. Nothing would make me happier than to be prevented from exercising my rights. It’ll look great on the record.

LAW OFFICER: You’re not helping the court.

DEFENSE COUNSEL: I didn’t come here to be helpful.

LAW OFFICER: You insist on asking the question?

DEFENSE COUNSEL: Yes, sir.

LAW OFFICER: 1 wish you wouldn’t. It’s it’s very embarrassing. But I guess, well, I like to allow the defense every latitude.

(IN THE HEARING OF THE COURT)

LAW OFFICER: Objection overruled. Counsel may proceed.

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DEFENSE COUNSEL: Thank you. Would the reporter read the last question?

REPORTER: “Tell us, Captain Wallace, have you ever committed adultery?”

DEFENSE COUNSEL: Well? Have you?

CAPTAIN WALLACE: No, sir.

DEFENSE COUNSEL: Thank you. How about you, Captain O’Neal?

CAPTAIN O’NEAL: I’m not married, sir.

DEFENSE COUNSEL: In that case, I guess I have no further question for you. Now, Major Bunyan. Are you married?

MAJOR BUNYAN: Definitely, sir. Very happily, with three children.

DEFENSE COUNSEL: I’m glad to hear it. Nevertheless, and you’ll excuse why ~ have to ask you, we are all only human.

TRIAL COUNSEL: Objection.

DEFENSE COUNSEL: I withdraw. We’ll concede that apparently the prosecution does not believe everyone is human. So I’ll ask you, Major, have you ever had an extramarital affair?

TRIAL COUNSEL: Objection. He is asking the witness to incriminate himself.

DEFENSE COUNSEL: He seems to assume the major has something incriminating to say. Colonel Apollo should have more confidence.

LAW OFFICER: Ask the question.

DEFENSE COUNSEL: Have you ever committed adultery?

MAJOR BUNYAN: Of course not.

DEFENSE COUNSEL: Colonel Voigt, how long have you been in the service?

COLONEL VOIGT: Nineteen years. Twenty next October.

DEFENSE COUNSEL: And I can see you have had a very distinguished career. Very distinguished indeed, to judge by the ribbons on your chest. And you have served in many parts of the world?

COLONEL VOIGT: I have seen action.

DEFENSE COUNSEL: In Europe, during the war?

COLONEL VOIGT: England. North Africa. Italy. I was in the Eighth Air Force. And with the Ninth.

DEFENSE COUNSEL: And after VE-Day?

COLONEL VOIGT: The Pacific. Japan.

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DEFENSE COUNSEL: Korea?

COLONEL VOIGT: Yes, sir.

DEFENSE COUNSEL: And are you married, sir?

COLONEL VOIGT: Since 1942. I married before I went overseas.

DEFENSE COUNSEL: Now, sir, this is a voir dire examination. Fair dire means to speak the truth. And you are of course on oath.

COLONEL VOIGT: I am aware of it. And you certainly don’t have to remind me, Captain Virgo.

DEFENSE COUNSEL: Verago, sir. Of course not. And you swear that in all those years, in all those places, on your own, cut off from home, at all times, you never

COLONEL VOIGT: I consider it insulting to be asked such a question.

DEFENSE COUNSEL: I’m sorry about that. I don’t enjoy it much myself. Nevertheless, you assure me that in wartime England, in London, in the blackout, alone, in Italy, in the bright lights of Tokyo, you never once found yourself in a relationship….

COLONEL VOIGT: I don’t fornicate. I have never committed adultery. Satisfied?

DEFENSE COUNSEL: That’s all I wanted to know, Colonel. How about you, Lieutenant Colonel Har-greaves?

LT. COL. HARGREAVES: No. Of course not.

DEFENSE COUNSFL: Major Correy?

MAJOR CORREY: No. Never.

DEFENSE COUNSEL: Captain Wilkins?