“Not Kalane?”
“Maybe it was. . . .”
“Not Walker?”
“No, it was . . .”
“Objection.” Pierce was on his feet again. “Counsel is badgering the witness.”
“Sustained. Mr. Corva, if you don’t mind.”
“Yes, your honor.” He looked directly at Brandt again. “What did you say to Lieutenant Tyson when Lieutenant Tyson said to Sadowski, ‘Shoot them’?”
“Nothing.”
“Did you think Lieutenant Tyson’s order was an illegal order?”
“Yes.”
“Yet you said nothing.”
“I was only the medic.”
“Only the medic.”
“Yes.”
“Did you tell Lieutenant Tyson that Peterson’s wound was mortal?”
“Yes.”
“Then why did he not listen to you?”
“I don’t know.”
“Did you tell him that only a medevac helicopter could save Peterson’s life?”
“Yes.”
“Then why didn’t you use one of the two platoon radios to call one?”
“It . . . it really wasn’t my job to use the radio.”
“Did you know how to use it?”
“No.”
“You didn’t learn how to use a radio at Fort Sam Houston?”
“No.”
“Wasn’t radio use a three-hour class at Fort Sam Houston?”
“No. Yes.”
“Why didn’t you call for medevac?”
“It wasn’t . . . I didn’t have the frequency.”
“The platoon medic didn’t have medevac’s frequency.”
“No.”
“Would anyone have given it to you if you’d asked?”
“I don’t know.”
“Did you ask either of the radio operators to call medevac?”
“Yes. Yes, I did.”
“Who shot the Australian doctor?”
Brandt seemed momentarily thrown off by the switch in subject. “I don’t know.”
“Was it an American?”
“Yes.”
“You said you didn’t know.”
“I didn’t see who shot him.”
“Who shot the French doctor?”
“I don’t know.”
“The burial mound was in the center of a rice paddy.”
Brandt changed positions as though the change in subject necessitated it. “Yes.”
“Where could a search be done to insure privacy?”
“I don’t know.”
“Were there trees or bushes around the burial mound?”
“I think so.”
“There are no trees or any vegetation on Vietnamese burial mounds. How would you have conducted the search?”
“I don’t know. I wouldn’t have.”
“Why?”
“It wasn’t necessary.”
“You were two hundred meters away.”
“Yes.”
“Did Larry Cane die instantly?”
Brandt licked his lips. “Yes. Bullet through the heart.”
“You said he was in the operating room.”
“Yes.”
“Dead.”
“Yes.”
“Did you have him carried there?”
“Someone carried him there.”
“Why?”
“I . . . I don’t know.”
“Why did someone carry a dead body up a flight of stairs?”
“I don’t know.”
“Who killed Larry Cane?”
“A sniper.”
“He didn’t die in the hospital?”
“No. Outside.”
“What was he doing upstairs?”
“I don’t know.”
“Was he shot upstairs?”
“No.”
“Did Lieutenant Tyson ever strike you?”
“No.”
“On an occasion previous to this, did he not strike you in front of the entire platoon?”
“No . . . we had words . . . some pushing. . . .”
“Did you like Lieutenant Tyson?”
“Yes.”
“Did he like you?”
Brandt took a breath. “No.”
“Why not?”
“I don’t know.”
“Why did you like him?”
“He was a good leader.”
“Was he a good leader on 15 February 1968?”
“No.”
“The day before?”
Pierce stood again. “Your honor, this is really too much. These questions are designed to intimidate and confuse the witness.”
Sproule said simply, “Objection overruled. Continue.”
Corva continued, jumping from one incident to another. Brandt did not seem to enjoy the format. He began contradicting earlier answers, then he withdrew more and more into “I don’t know” and “I don’t recall” answers. Finally Corva said, “Shoot them.”
Brandt ran his tongue inside his cheek.
“That was a direct order to Sergeant Paul Sadowski.”
“Yes.”
“You knew it was an illegal order?”
“Yes.”
“You watched Sergeant Sadowski leave to carry it out?”
“Yes.”
“Did Sergeant Sadowski leave by himself?”
“No.”
“Who was with him?”
“I don’t remember their names.”
“How many?”
“Two or three.”
“You heard six or seven shots?”
“Yes.”
“Did Sergeant Sadowski or anyone report back that the order had been carried out?”
“No. Well, yes . . . someone yelled into the operating room, ‘They’re wasted.’”
“Who was the someone referring to as wasted?”
“The six or seven wounded enemy soldiers.”
“You’re quite sure.”
“Yes.”
“Who opened fire in the operating room?”
“I don’t know.”
“How long were you with the platoon after 15 February?”
“Another month or so.”
“And you never found out who fired bursts of rounds into a crowded operating room full of patients, staff, and Americans?”
“No.”
“Previous testimony indicates it was Simcox.”
“It may have been. He was there.”
“And Lieutenant Tyson did not reprimand him?”
“No.”
“Do you expect anyone to believe any of this?”
“Objection!” Pierce was quite flushed by now. “Your honor—”
“Objection sustained. Mr. Corva, this is the last warning you are getting.”
“Yes, your honor. Mr. Brandt, you stated that Lieutenant Tyson concocted a cover-up story for this alleged massacre.”
“Yes.”
“You stated that you went along with it.”
“No. I did not go along with it.”
“Then you reported a massacre.”
“No.”
“Why not?”
“They would have killed me.”
“Who?”
“The men in the platoon.”
“Do you think your superiors would have returned you to the platoon after you charged all the men in your platoon with mass murder?”
“I . . . didn’t know if they would—”
“Really? You thought you might have been ordered to go back to the platoon after you alleged that they were all mass murderers.”
“I thought the higher-ups wouldn’t believe me. Or they’d try to cover it up.”
“Really?” Corva glanced toward the board, then back at Brandt. “After you rotated back to the States in May of 1968, did you report the incident?”
“No.”
“Why not?”
“I . . . wanted to forget it.”
“You said it haunted you.”
“It did. It does.”
“Based on what you observed, who did you actually see commit murder in that hospital?”
“I’m not sure.”
“Can you name any names?”
“No. Except perhaps Beltran. I saw him shoot the wounded man he pulled off the operating table.”
“Did Lieutenant Tyson see this?”
“Yes.”
“Did he take any action against Beltran?”
“No.”
“Mr. Brandt, I listened to your testimony for a number of hours yesterday, and if there is any similarity to previous testimony, it has mostly to do with Lieutenant Tyson. The other participants in this incident have variously been described as doing a variety of things that they could not have done unless they were in two places at the same time. I realize that many years have elapsed since the event, and I wouldn’t expect you or anyone to recall exactly the movements, or even the names, of nineteen men. Yet your testimony and previous testimony place Lieutenant Tyson in the same spot. Near the first operating table. And it pretty much leaves him there the whole time. Is that a correct assessment of Lieutenant Tyson’s activities?”
“Yes. He was in the operating room.”
“And he never said much.”
“No. Except for a few orders.”
“Such as?”
“Such as, ‘Shoot them.’”
“He didn’t attempt to stop this alleged massacre?”
“No.”
“Did he aid or abet it?”
“Yes. By remaining silent.”
“Did he ever fire his rifle?”
“Not that I saw.”
“He mostly stood there, according to your testimony and previous testimony.”
“Yes. He never tried to stop it.”
“He stood there with his radio operator, Daniel Kelly, and had a cigarette.”
“Yes.”
“And you stood there in the same room with him.”
“Yes.”
“Were you afraid for your life?”
Brandt hesitated.
“Is that why you did nothing?”
“Yes.”
“Did Lieutenant Tyson appear to be afraid for his life?”
“I don’t know.”
“Would you say that his troops went beyond the alleged order to shoot the enemy wounded?”
“Yes. They shot everyone.”
“Did Lieutenant Tyson order them to shoot everyone?”
“I never heard him give that order. Only the first order.”
“Were you surprised at that first order?”
“No.”
“Why not?”
“He was angry.”
“At what?”
“At the hospital staff.”
“So he gave the order to shoot enemy wounded.”
“Yes.”
“But no one else?”
“Not that I heard.”
“Did anyone threaten Lieutenant Tyson?”
“No.”
“Did anyone point a gun at him?”
“No.”
“Did anyone strike him?”
“No.”
“What happened to the hospital personnel who were ordered into the scrub room?”
“I already stated that someone threw a hand grenade in there.”
“Beltran.”
“Yes.”
“In earlier testimony you said you didn’t remember.”
“Did I? I remember now.”
“Do you?”
“Yes. Beltran.”
“Beltran was a machine gunner. He fired his machine gun from the window.”
“Yes.”
“Did machine gunners carry hand grenades?”
“How should I know?”
“Did Lieutenant Tyson leave the operating room during the alleged massacre?”
“Yes. Toward the end. I didn’t see him again until we were outside.”
“Where were you?”
“In the operating room. The whole time.”
“Why?”
“I didn’t know where to go.”
“Why not go outside?”
“I suppose I should have.”
“Lieutenant Tyson tried to impose his will on the staff of the hospital.”
Brandt hesitated a moment, then replied, “I don’t know.”
“Did he care about Arthur Peterson?”
“I don’t know.”
“Did you?”
“Of course. I was the medic.”
“Did you do everything you could for Peterson?”
“There was nothing to be done.”
“Except call medevac.”
Pierce stood again. “Your honor, Steven Brandt is not on trial.”
Corva looked at Pierce, then at the board, then at Colonel Sproule.
Sproule said, “Objection sustained. Mr. Corva . . . your line of questioning is becoming abusive.”
“Your honor, the line of questioning concerning Arthur Peterson stems from a totally uncalled-for remark made by the witness in earlier testimony.”
“That may be. But I think you made your point.”
“I think so, too, your honor.”
“Objection sustained. Proceed, Mr. Corva.”
Tyson listened as Corva continued the questioning. Brandt, Tyson thought, was not at ease with Corva’s style of questioning. Corva returned to the same points several times, but each time rephrased the question and received a slightly different response. Corva would then recapitulate the various answers to the same question. Brandt was in trouble, thrown off-balance, and unable to recover his composure. His face and mannerisms betrayed that he was a man on the run.
After nearly two hours of questioning, Corva asked Brandt, “Did you shoot anyone?”
“No.”
“Did you see Richard Farley shoot anyone?”
“No.”
“Did you see Larry Cane shoot anyone?”
“No.”
“Larry Cane was dead, Mr. Brandt.”
Pierce got to his feet as Corva said, “I have no further questions, your honor.”
Colonel Sproule almost breathed a sigh of relief and announced, “The court will recess until thirteen hundred hours.”
* * *
Ben Tyson stared out the third-floor window of the BOQ. He said to Corva, “What do you think?”
Corva lay sprawled on the couch and yawned. “I think the board has reasonable doubt that you gave an order to shoot enemy soldiers.”
Tyson was able to see the Officers’ Club a few hundred yards away. He saw a group of uniformed people whom he took to be the board. Then he saw Brandt, then Pierce, Weinroth, and Longo. He envied them their freedom of movement. There were people dressed in civilian clothing outside on the cobblestones who he realized were media people. There were TV vans parked near the museum, and he saw two men holding cameras. “What is the fascination with this?”
“What?”
“Media coverage. People outside the gates. I can see the main gate from here. Newspaper headlines. Headlines. There are important things happening in the nation beyond those gates.”
Corva yawned again. “Don’t be modest.”
Tyson turned from the window. “How about the second assertion that I aided and abetted the massacre by doing nothing to stop it?”
“Also reasonable doubt. I think the board understands the troops mutinied and that you were no longer in command.” Corva sat up on the couch. “But I couldn’t get Brandt to help me on that. If I were on the jury, I’d have lots of questions. Which is what will happen after lunch.”
“Right. So we’re down to the cover-up.”
“Yes. That’s about it. I wish I could think of a way to address that.”
“We could say that it haunted me, like Brandt said it haunted him; I kept meaning to report it, but with one thing and another I kept putting it off.”
Corva stood. “We could say that. Hey, open the refrigerator.”
Tyson opened the bar refriger
ator and took out a brown bag and two cans of beer. “What is it today?”
“Chinese food.” Corva took the bag and began laying out containers on the dinette table.
“It’s cold, Vince.”
“So what?” Corva found plastic forks in the bottom of the bag. “Do you save these tea bags?”
Tyson said, “Do you think the board would return a verdict of guilty based only on the cover-up?”
Corva nodded. “Afraid so.” He heaped food from the containers onto a paper plate. “Help yourself.”
Tyson helped himself to a beer. He said, “Chinese food is what I had the night I saw Picard’s book.”
“Really?”
“That was a long time ago.”
“It’s almost over, Ben.” Corva cut into a piece of egg foo yung.
“For years after I returned from Vietnam, I wouldn’t eat rice.”
“Me neither.”
Tyson remained standing near the window as Corva ate. Tyson said, “You did fine with Brandt.”
“Thanks. That’s how you handle articulate witnesses. You don’t let them articulate. Everyone was tired of his windy bullshit anyway. The court reporter last night wanted to shoot him.”
Tyson smiled. “I didn’t expect him to start coming apart like that.”
Corva sipped on his beer. “I couldn’t have or wouldn’t have done that with a pfc or with Farley. But Sproule gave me a lot of latitude with Dr. Wonderful.”
“I think you planted some questions in the board’s mind.”
“I think so. We’ll see when they get a crack at him later.”
“You don’t want to delve too deeply into the matter of Larry Cane.”
“No. He would have denied it.” Corva lifted a forkful of rice. “You want to try any of this?”
“It’s cold.”
“Right. So, what do you think? About our five witnesses?”
Tyson sat opposite Corva. “They can’t get up there and tell the story of a firefight, can they?”
“I really don’t think so.”
“That was an okay story eighteen years ago when we were bullshitting Browder and the battalion commander. I don’t think it’s going to fly anymore.”
“No,” agreed Corva, “and we shouldn’t even let it on the runway.” He looked at Tyson. “We have a problem, you know.”
“Yes, I know.” Tyson lit another cigarette. “Will Sadowski, Scorello, Walker, Kalane, or Beltran take the stand and tell the truth about the massacre? And testify that I did not order anyone killed? That I shot Cane in an attempt to stop it? That my life was in danger? That the troops mutinied? And that the cover-up was not my idea?”
Corva wiped his mouth with a paper napkin and swallowed. “That’s what I’m trying to find out. I’ve spoken to each of their attorneys, and they’re not being very cooperative. Now that the trial has begun, everyone is having second thoughts about ‘all for one and one for all.’”
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