Heart of War

by Lucian K. Truscott

  “Your Honor . . .”

  Freeman looked down at Lateesha. “Answer the question, Mrs. Richards.”

  Lateesha looked over at Kara.

  “Could you have the question read back to her, sir?” asked Kara.

  Freeman nodded to the court stenographer.

  “The question was: ‘Is it your testimony, Mrs. Richards, that you knew your son was AWOL, that he had broken the law, and you did nothing to notify the proper authorities as to his whereabouts?’ “

  “No, sir. I didn’t tell nobody, ‘cause I knew—”

  “That will be all, Mrs. Richards. Thank you.”

  Kara jumped to her feet. “Finish your answer, Mrs. Richards. Why didn’t you notify the authorities?”

  “ ‘Cause I was afraid, ‘cause this Snooper done put the word out in the projects that he didn’t listen to no courts, and he wanted me gone and he was gonna see to it hisself I was gone.”

  “What did you understand him to mean, Mrs. Richards?”

  “Snooper was all over the projects sayin’ he was gonna take me out and he was gonna take Vernon out, too. He had a gun, Major Guidry. A big gun.”

  “Thank you, Mrs. Richards. You may step down.”

  Lateesha, still clutching her Bible, walked back around the defense table and sat down.

  “Will you state your full name and occupation, sir?”

  The man in the witness chair tugged the lapel of his ill-fitting seersucker suit and cleared his throat.

  “Detective Philip Ignatius Mancuso. I am acting deputy homicide inspector for the fourth district, New Orleans Police Department.”

  “Detective Mancuso, did you respond to a call in the St. Thomas Projects on March the second of this year?”

  “Yes, I did.”

  “Who made that call, Detective?”

  “The defendant.”

  “He called you from Mrs. Richards’ apartment, is that correct?”

  “Yes.”

  “Can you tell this court what you found when you arrived at the Richards’ apartment?”

  “Two bodies.”

  “Did you determine the identities of the bodies you found?”

  “One of ‘em was a known crack wholesaler they call Snooper. The other was his enforcer, a guy we suspected of committing about twelve murders, but we could never get anyone to talk about him. His street name was Buckshot. I’ve got their given names right here—”

  “That won’t be necessary, Detective. Where were the bodies when you found them?”

  “This Buckshot, he was inside the apartment, face-down on the floor of the living room. Snooper, he was lyin’ in the door, face up.”

  “Were they armed?”

  “Oh, yeah. They were both carrying Tec-9’s with forty-round magazines.”

  “How were they killed, Detective?”

  “They were both shot in the face. Snooper, he had a big hole right in the middle of his forehead. Buck-shot, his was just over the right eye, took out his whole eyebrow right up to his hairline.”

  “Do you know who shot them, Detective?”

  “The defendant shot them.”

  Kara paused for effect. The members of the court-martial board were shifting in their chairs. Colonel Freeman took his half glasses off. He stared at the witness, open-mouthed.

  “Do you know the circumstances under which the defendant shot these two St. Thomas Projects gang members, Detective?”

  “Yes, I do. It was about eleven o’clock, and the one they call Buckshot, he kicked down the door, and he was coming into the house shooting. Mrs. Richards, she was in the bathtub, with the curtain drawn. The defendant, he was over in the kitchen, down behind the counter. He had a twenty-gauge over-and-under shot-gun he picked up across the river, at Guns n’ Stuff, loaded with deer-hunting slugs. He shot Buckshot first, then he swiveled and took out Snooper.”

  “You interviewed the defendant at the scene?”

  “Yeah. He told me what happened.”

  “Did you take him in for questioning?”

  “No. We just picked up the bodies. He wrote out a statement for me and signed it right there on the kitchen counter.”

  “Is that normal police procedure in New Orleans, Detective? I mean, you had a man who admitted to you that he had killed the two persons you found dead at the scene, and all you did was take a statement from him?”

  “Sure. We knew Mrs. Richards had a restraining order against these punks. He was defending life and limb. It was self-defense, pure and simple. I didn’t want to complicate his life any further.”

  “But the incident that night did complicate his life, isn’t that right, Detective?”

  “I guess so. The Times Picayune got it off the police blotter and reported it, and he was picked up by the MP’s the next day.”

  “How would you describe your feelings that night, Detective, when you walked in and found Mrs. Richards and the defendant in that apartment in the St. Thomas Projects, and the two bodies on the floor?”

  “I been in this business for nineteen years, Major Guidry. I’ve been around, if you know what I mean. I thought I was looking at just about the bravest young man I had ever laid my eyes on. All I could do was stand there and admire this young man who had defended his mother’s life like that. When I found out the next day that he had gone AWOL from the service because she was in danger, well, I thought about what the nuns had taught me down at St. Francis middle school years ago. They used to tell us that the highest state you could reach as a human being was selflessness. Corporal Richards there"—he pointed at Vernon—"I walked in that apartment in the Projects, and I knew it immediately. What he did was selfless. The Army should be giving him a medal, not subjecting him to . . . this.”

  Kara walked back to the defense table from the lectern. Without turning to look at Sanders, she said: “Your witness, Major.”

  “Your Honor, the prosecution has no questions for this witness.”

  “You’re excused, Detective,” said Colonel Freeman.

  As Detective Mancuso walked past Vernon, he stopped and squeezed his shoulder. Kara stood.

  “Your Honor, the defense recalls Captain Eastlake to the stand.”

  The doors opened, and Eastlake took the stand. Sanders reminded him he was still under oath.

  Kara didn’t bother with the lectern. She stood behind the defense table, glaring at Eastlake. “Good afternoon, Captain.”

  “Good afternoon, ma’am.”

  “You recall where we left off this morning? I was asking you if you were aware of Department of the Army policy on family accommodation. I’ll ask you again. Are you cognizant of the policy, Captain?”

  “Yes, I am.”

  “Doesn’t the Department of the Army policy say that as company commander, you should take steps to accommodate the needs and responsibilities of service men and women in times of family stress and emergency, Captain?”

  “Yes, ma’am, it does.”

  “Isn’t it true that Corporal Richards asked you for an emergency leave in order to secure his mother’s safety? Isn’t it also true that he told you his mother’s life had been threatened, and it was absolutely necessary that he go home and protect her?”

  Eastlake squirmed nervously in his chair. “Corporal Richards approached me, yes. But as I told him at the time, the company was going on field maneuvers for two weeks and all leaves were canceled.”

  “Even emergency leaves, Captain Eastlake? Was that in keeping with DA policy?”

  “I’m not sure—”

  “I’ll read from the policy memo for you, Captain.” Kara pulled out a sheet of paper and began to read. “ ‘Emergency leaves will be granted in times of family emergencies, according to the judgment of the company commander, except for alerts for deployment in national emergencies, foreign or domestic.’ Does that sound familiar, Captain Eastlake?”

  “Yes, ma’am.”

  “What would an alert for deployment be, Captain? Would something like Desert Storm qualif
y as such an alert?”

  “Yes, ma’am.”

  “Were we going to war in the Middle East on January 13 of this year, Captain?”

  Sanders jumped to his feet. “Objection. Badgering the witness.”

  Freeman glared down from the bench. “Sustained. Watch your step, Major.”

  “Did you follow both the letter and the spirit of the policy, Captain, when you denied Corporal Richards his request for emergency leave?”

  “We were scheduled for—”

  “That’s not what I asked you.” She turned to the judge. “I would like the witness instructed to answer the question, Your Honor.”

  “You are so instructed, Captain. Answer it.”

  “No. I didn’t.”

  “So when Corporal Richards went AWOL because he knew his mother’s life to be in danger, he did so because you had refused to allow him to go to her aid under circumstances that would have been authorized under the law. Isn’t that true?”

  Eastlake glanced at Sanders, who had his face buried in the notes he was taking.

  “I guess you could make that interpretation, but—”

  “That is all I have, Captain.”

  She sat down. Sanders stood.

  “Captain Eastlake, did you have any way of knowing whether or not what you were being told by the defendant was true?”

  “No, sir. I did not.”

  “So you made your judgment based on your best estimation of the situation at the time. Is that right?”

  “Yes, sir.”

  “And at the time you made your judgment regarding Corporal Richards, you felt you were acting within the guidelines set forth by Department of the Army. Correct?”

  “Yes, sir. That is correct.”

  “Thank you, Captain. That is all.”

  Kara stood. “Redirect, Your Honor.”

  “Proceed.”

  She walked around the defense table and handed Eastlake a piece of paper. “Have you seen this before, Captain?”

  Eastlake studied the paper for a moment and looked up. “Yes.”

  “Describe for the record what is on the sheet of paper I just handed you.”

  “It’s a court order from a judge in New Orleans. I think it’s a restraining order.”

  “Corporal Richards showed you this restraining order when he asked you for an emergency leave, did he not, Captain?”

  “Yes.”

  “So in fact you did have evidence that Corporal Richards’ mother’s life was in jeopardy, didn’t you?”

  “There is no mention on this form about Mrs. Richards’ life being in jeopardy.”

  “For what reason do you think judges issue restraining orders, Captain?”

  Eastlake squirmed. “I had no way of knowing how this restraining order came about.”

  “Corporal Richards told you how it came about, Captain. He told you his mother’s life had been threatened, and that was the reason he had sought the restraining order. Isn’t that true, Captain?”

  “He showed me the restraining order. I determined that the Army’s needs were preeminent in this case. That is my testimony.”

  Kara turned and looked at the members of the court-martial board. “Your Honor, the defense rests.”

  Major Sanders looked up at Eastlake, who was still in the witness chair. “The witness is excused.” As Eastlake stood and walked out of the court, the members of the court-martial board followed him with their eyes. The door closed, and they looked at the military judge.

  Colonel Freeman rustled some papers on his desk and looked at his watch. “Are both the prosecution and defense prepared for closing statements?”

  Kara looked over at Sanders. “Sir, the defense is prepared.”

  “The prosecution is prepared, sir.”

  “Proceed.”

  Sanders took the lectern and faced the members of the board. “We’ve heard a lot of testimony today about events that took place over in New Orleans, but the only evidence in this case that pertains to the charges as they are set forth before you is to be found on the morning reports of Company B, First Battalion. Those reports reflect, without dispute, that Corporal Vernon Richards absented himself without authorization for a period of forty-six days. Because his period of AWOL was greater than thirty days, he stands before you charged with desertion. The facts in this case are uncontested. Therefore I ask you to find him guilty as charged. Thank you.”

  Sanders took his seat.

  Freeman looked over his glasses at the defense table. Kara touched Vernon on the arm and walked to the lectern.

  “Were the facts in this case so simple, none of us would be here today. As we have heard the facts in testimony presented today, the facts are these. Corporal Vernon Richards became aware that his mother’s life was in jeopardy. He asked his company commander for an emergency leave in order to travel to New Orleans and protect her. Captain Eastlake, confronted with evidence of the truthfulness of Corporal Richards’ concerns, and in apparent violation of Department of the Army policy regarding family accommodation, denied him leave. Two days later, Corporal Richards left the post at Fort Benning and traveled to New Orleans, where he found that indeed his mother’s life was in peril. Detective Mancuso gave you all the evidence you need of this fact. Corporal Richards killed two men defending his mother’s life. I ask you to take these extraordinary circumstances into consideration when you deliberate today, gentlemen. Military law under the Uniform Code of Military Justice is not an inflexible canon of commands that must be exercised without regard to the human beings in uniform who are subject to its strictures. On the contrary, the very structure of command in the military gives individual commanders great latitude in exercising judgment when it comes to every sort of matter involving members of their commands. This is especially true when it involves the personal lives of soldiers. You have heard testimony today that Corporal Richards was not afforded a fair hearing when he asked the Army to recognize the special circumstances his family was facing. For this reason I ask that you find Corporal Vernon Richards not guilty.”

  Colonel Freeman turned to the members of the court. “You have already received instructions from the court regarding your duties in this matter. You will retire in order to reach a verdict.”

  The members of the court filed out. Everyone stood as Freeman left. Vernon reached around behind him and took his mother’s hand.

  “What’s gonna happen now, Major Guidry?” Lateesha asked.

  “We wait,” answered Kara.

  The MP’s came to take Vernon away. Just as he disappeared through the door, a buzzer sounded in the court. Colonel Freeman came through the door from the judge’s chambers.

  “All rise,” called an MP.

  The members of the court filed in. Kara stood.

  “Your Honor, the defendant is not present.”

  Freeman pointed at an MP standing at the door leading to the holding pens. “Bring him back in here.”

  The door opened, and Vernon returned to the courtroom. The MP’s removed his cuffs, and he took his place behind the defense table.

  Freeman turned to the lieutenant colonel who was serving as president of the court-martial board. “Have you reached a verdict?”

  “We have, Your Honor.”

  Kara reached for her client’s hand, gave it a tight squeeze.

  “What is your verdict on the charges and specifications pertaining to the defendant in this case?”

  “On the charge and specification of desertion, not guilty, Your Honor.”

  “Members of the court, I would like to thank you for your diligence in this matter. You are dismissed.” They began to file out of the courtroom as Freeman turned to the defense table.

  “Young man, your heroism is undeniable. But your judgment needs some work. I’m going to make a suggestion to you. The next time you are confronted with a seemingly impossible situation such as the one you faced recently, and let us pray that such a day never comes to pass, do me a favor, will you?”

/>   Vernon looked at him uncertainly. “Yes, sir.”

  “Call the JAG office. Ask to speak to Major Guidry.”

  Smiles broke out on Kara’s and Vernon’s faces. Lateesha rushed forward and hugged her son.

  “Corporal Richards, you are returned to duty with full back pay and allowances. Your records will be expunged, and nothing will reflect negatively against the continuance of your career in the United States Army.”

  As Freeman banged his gavel, the sound disappeared in the empty courtroom, which was filled with sobs of joy from Lateesha Richards. Major Sanders walked across the divide between the prosecution and defense tables.

  “You know, Kara, in a civilian court of law they would have required you to disclose that detective to me, and we could have made a deal.”

  “You offered me a deal, and we turned it down, remember, Howard?”

  “I mean, a real deal, Kara.”

  “You want to see the real deal, Howard? There’s the real deal, right there.”

  She stepped aside and pointed at Lateesha and Vernon, who were still in each other’s tight embrace, rocking slowly from side to side, lost in the eternal dance of love between mother and son.

  Chapter Seven

  Major Hollaway pulled up next to Kara outside the court as she was unlocking her car. He rolled down his window, and before he could speak, she said:

  “You’re just the man I want to see. I had a visitor the other night. Lieutenant Barry Parks. He dated Sheila Worthy in college, and he went out with her at Fort Benning too. He was pretty broken up by her death.”

  “Oh, yeah? Maybe I ought to talk to him. He could be the guy she was going to see that night.”

  “I don’t think so. If they dated in college and were dating here on the post, why would he want to meet her out by the firing range? Doesn’t add up. Had to be somebody else.”

  “I see what you mean.”

  “You haven’t come up with anything on my bags, have you?”

  “Not yet. We’re still looking. They’ll turn up. Listen. I’ve got something I want to show you.”

  Exhausted from the trial, Kara ran her fingers through her hair. “Where are we going?”

  “I thought you’d like to have a look at Sheila Worthy’s car.”