by Cam Simpson
Dedication
For my late grandfather, Ben Arnold, who gave me a joy for life; and my mother, Judy Fagel, who gave me a love for stories
Contents
Cover
Title Page
Dedication
Author’s Note
Part I: “Give Us His Breath or His Body” 1
2
3
Part II: The Body Shops 4
5
6
7
8
Part III: “More Vile Than Anything the Court Has Previously Confronted” 9
10
11
12
13
14
15
Epilogue
Acknowledgments
Note on Sources
Appendix: Interview Subjects
Selected Bibliography
Notes
Index
About the Author
Copyright
About the Publisher
Author’s Note
The Girl from Kathmandu is a work of nonfiction. All the events and people are real, and none of the names, places, or dates have been changed. The narrative is drawn from repeated interviews with the critical players and from more than thirty thousand pages of documents, most of which were generated during a decade of litigation. Further details can be found in the “Note on Sources” and “Notes” sections at the end of the book.
Part I
“Give Us His Breath or His Body”
1
March 2013
Washington, DC
Kamala Magar, heart racing, stomach rising, gathered herself by focusing on the little things her lawyers had told her to do. Sit tall and straight in your chair. Interlace your fingers and place your hands on the table in front of you. Breathe.
The long table’s dark finish was so glossy she could see her hands and face reflected back in a kind of shimmer, as if she were looking into a still pool. A packet on the table marked “Exhibit 58” held her memories in photocopied snapshots: her husband posing alone in front of their farmhouse; her ten-year-old daughter beneath the endless blue of the Himalayan sky. Directly across the table from Kamala, a video camera fixed on a tripod stared her down. On either side of it sat defense lawyers, each representing one of the two companies she was blaming for her husband’s death of almost a decade earlier, when she was not yet nineteen. The lens closed in on her face. Her breathing quickened.
She wore a royal-blue long-sleeve kurti top with embroidered lilac trim swirling across her chest. The shawl around her neck was tightly wrapped, more like a piece of armor than a scarf, but the weight of a lapel microphone pulled it low, exposing her throat to the chill of the conference room. Terrilyn Crowley, the court reporter, sat off to the side with her stenography machine. Crowley had come to Washington, DC, all the way from Houston for the deposition, chosen by the attorney seated to the left of the camera. He represented KBR Inc., formerly known as Kellogg Brown and Root, the $4.5 billion military and construction contractor that had generated so much controversy during the Iraq War for its Texas-based parent company, Halliburton. The conference room was home turf for KBR, even though it was far from Texas. They were in the heart of Washington’s “K Street” neighborhood, on the top floor of a glass-sided building, where KBR’s law firm resided. K Street’s boulevards are canyons lined with office blocks, each building nearly equal in height and brimming with lawyers and lobbyists representing America’s biggest companies.
Crowley administered an oath to Kamala. She swore to tell the truth.
Joseph Sarles’s boyish face masked the sharpness of his cross-examination skills. His tone with Kamala as he began his interrogation lacked sting, but it also held no warmth. Filming a deposition tends to affect the conduct of lawyers and witnesses alike. If for some reason Kamala could not appear at trial, jurors might see this as her only testimony, hence her hands folded on the table, her back against the chair, her composed presentation. Sarles, too, needed to be careful, not just about what he said to the widow, but also about how he said it. Jurors might sympathize with Kamala even more if his questions came off as cruel or aggressive toward a young woman who had been through so much.
Sarles kept his voice at a steady, bloodless pitch, as if reading aloud from an accounting textbook. His tone barely changed when he began asking Kamala about four of the worst minutes of her life.
“Did you ever see any video, at any time, that related to your husband?” Sarles asked.
Kamala drew a deep breath and slumped forward. Tears welled behind her eyes, but she sat still, staring, lost, into the table’s reflection for what seemed an eternity—five seconds of silence passed, and then ten, and then twenty. No one in the room made a sound. Kamala swiveled gently from side to side in the gray chair, as she did when she comforted her daughter, eyes still lost in the table’s sheen. Slowly, she lifted her head. “Yes,” she said, looking back at Sarles. “I have.”
“Can you describe what video you’ve seen?” he asked.
Kamala dropped her gaze to the table again. This time it took only a few seconds for her to gather herself and look back toward her questioner. “I saw the one—the one in which they killed him,” she said, almost in a whisper.
Virtually everyone in Kamala’s life, nearly everyone she had ever met, nearly everyone in her homeland, had watched her husband die. Vendors had sold the execution video on DVD in the dusty streets of Kathmandu and even in the smaller towns. Some had hawked single viewings in curtained booths offered with a cup of tea for just a few pennies. Even the other widows in the ashram where she had lived after being rejected by her late husband’s family knew how he had died, or had even viewed his murder. When she met people for the first time, she felt their knowing pass as a momentary silence, or saw it in an arrested expression on their faces once they realized who she was. After Kamala learned she might testify, she had yielded to a voice that told her she had to see, had to know, despite all her instincts in the almost nine years in which she had avoided those four minutes and five seconds.
“When did you see it?” Sarles asked her.
“After a long time,” Kamala said.
“Who showed it to you?”
“I looked at it myself. I watched it on my own,” she said.
“Where were you when you watched it? . . . Were you at your house, or were you someplace else?”
“At my house,” Kamala said.
“How did you get a copy of the video?”
“Objection!” said Anthony DiCaprio, seated directly to Kamala’s right. There was no judge in the room to rule on DiCaprio’s objection, but objections in depositions are common, creating markers in the record that allow questions to be challenged and stricken later if warranted. They also give lawyers a tactical tool to emphasize a line of questioning that could be seen as unbecoming to jurors watching later on a big screen in the courtroom. Kamala’s lead attorney, a decorated human rights lawyer named Agnieszka Fryszman, had brought DiCaprio into the case specifically for this purpose. “You’ll be our pit bull,” she had told him.
Fryszman looked drawn. The lids of her brown eyes drooped and she’d lost so much weight that her “lucky” outfit, a black pantsuit she’d worn for years to every court appearance, gave her the look of a child dressed in her mother’s clothes. There didn’t seem to be a limit to the resources KBR was piling into its defense. Its cadre of lawyers fought even some of the most mundane facets of the litigation to the extreme, burying Fryszman in so many paper salvos that she didn’t have time to depose a single KBR employee, even as a trial date loomed on the court calendar. The defense had also made the fight personal, accusing Fryszman of misconduct in a raft
of charges that might derail her career and hurt almost every lawyer who had helped her in the case. Her assistant counsel, an idealistic young woman with degrees from Harvard and Columbia, had resigned after skirting the edge of a nervous breakdown. Now, as Kamala suffered through her interrogation, Fryszman and her law firm had just one week left to respond to KBR’s charges. A star witness had stumbled badly in an earlier deposition, giving KBR more fodder. If Kamala broke down under questioning, the defense could pounce again, dealing a potentially significant blow to the case at the worst possible moment.
There was cause to worry. Most people who are grilled by a lawyer for the first time have at least seen a cross-examination in the movies or on television, but Kamala had grown up in a mountain village where the only power came from a battery in the back of a transistor radio and the only running water poured down gullies or through a tap jutting from a stone wall built into the mountainside at the village well. Although she had moved to Kathmandu after her husband’s murder, she had never flown on an airplane until the journey that brought her to Dulles International Airport three weeks before her testimony; nor had she ever seen snowfall except on the distant peaks of the world’s highest mountain range, which dominated the horizon of her village in the subtropics of the Himalayas. Powder had covered the U.S. capital when Kamala arrived in February. She regarded the snow with wonder and wished her daughter could see it.
Despite her exhaustion coming off a ten-thousand-mile journey, Kamala had worried herself awake that first night at the Washington Plaza Hotel. She had never been apart from her daughter and could not escape her fear of what might befall the child if something happened to her on this trip. Everything in the hotel room seemed so foreign, reminding her of how far she was from home: the keyless electronic door, the coffeemaker she struggled to use, the bright white linens impossibly smooth across the surface of the bed. For years, Kamala had focused solely on returning to life and raising Kritika alone, keeping everything else in the shadows. But during that sleepless night in the Washington hotel, memories of her husband were inescapable. Attesting to them was the reason she had found herself in such a strange place.
That night, she rose and moved to the small bathroom. There she stood in front of the vanity and the seamless mirror covering the wall behind it, reading the lines of her face, looking into her own eyes. I came here to fight for my husband, she told herself, but everything would be so different if he had come home as he’d promised. None of these things happening now would even have crossed my mind. She saw herself crumple. After a moment, she opened the taps, leaned over the bathroom sink, and with cupped hands raised the water to her face.
In the days that followed her arrival, Fryszman and DiCaprio tried to prepare Kamala for the cross-examination, with DiCaprio playing the bad guy in mock sessions, but he didn’t always get far. Many attempts began or ended in tears. Fryszman had worried that moving forward with the case at all would be too much for the families of the dead. She had hoped for a quicker resolution, given that so many respectable modern American corporations customarily own up to the actions that take place along their supply chains, all the way to the most basic raw materials and services—the conditions on the farms that grow the cotton used to weave the denim sewn into blue jeans, the mining of the tin that goes into the solder holding together the components of an iPhone.1 Yet, for the signal case that had helped define human trafficking in the United States, Halliburton and its former subsidiary, KBR, had refused to accept even a modicum of responsibility for their human supply chain—a supply chain, moreover, that in 2004 fell victim to the worst massacre of U.S. civilian personnel during the Iraq War and that would make KBR Halliburton the biggest wartime contractor in American history. For the company’s defense team, it was rather simple reasoning: admitting any responsibility or settling the case with these twelve families might result in thousands more suits against the company, given just how big that human supply chain was. Although she struggled, Kamala told Fryszman and DiCaprio that she wanted to get her testimony right, for her husband, for her daughter, and for the others who had also lost husbands, fathers, and sons in the four-minute video that Sarles would pick away at.
Now, following his objection to the question about how Kamala had come to see the video, DiCaprio turned to Kamala and told her it was okay to answer.
“It was in my phone’s memory card,” she said.
“How did you get a copy of it on your mobile phone?” Sarles asked.
“Objection!” DiCaprio said, then, calmly to Kamala: “You may answer.”
“I downloaded it,” Kamala said.
“You downloaded it from a website?”
“Yes.”
“Do you remember the name of the website?”
“No.”
“How did you learn about the video? . . . How did you find out that this video existed?” Sarles asked, seemingly oblivious to the fact that virtually every adult in her nation of twenty-seven million people knew of its existence.
“I don’t remember specifically how I came to know,” Kamala said.
Sarles peppered Kamala some more with questions that made little sense to her—Did you watch it on your phone, or someone else’s? Did you watch it sometime recently? Is it possible you watched it for the first time in the last six months? Finally, he asked her the one question for which he already knew the answer: “Can you describe for me what you saw when you watched the video?”
Kamala sank back into the chair, coldness seeping into her. She had tried to push the images, the infernal sounds, out of her mind, but now there were flashes: a white blindfold wrapping a face; a hunting knife against a throat; young men, some just boys, lying facedown beneath the sky; the barrel of a rifle. Then the sounds: the piercing, shrill wheezes; the staccato rifle reports; the ping echoing from an empty clip after the firing of a final round; the muffled, almost infernal wails. Blood pooling, turning desert dust into mud. She again fought tears.
“I can’t,” Kamala said.
2
Circa 1993
Gorkha District, Nepal, in the Foothills of the Himalayas
Every year, a boy named Gori came from the neighboring village to help sow the mountain terraces with rice, and every year, he seemed to make trouble at the celebration held when the work ended. This time he wrapped a long cloth around his waist like a skirt and covered his head with a shawl, pretending to be a girl. He pranced around Kamala as she crouched on the ground. He poked his nose into her face and sang in a mocking voice while the other children squealed their approval. As Gori taunted her, Kamala’s gaze tightened. She rolled her hands into fists. When he flailed at her again, Kamala sprang up to pummel his face with punches, including one across the nose. No blood spilled, but tears gushed from the boy’s eyes as he staggered back and then ran away as fast as he could. The little girl could fly into such fearsome bouts, so quickly, that few from the surrounding villages dared taunt her or attempt to intervene—except for Maya.
“Oh, my nani, my baby girl,” Maya used to say, gently stroking her baby sister’s long brown hair or swirling her hand across her back, trying to calm Kamala so she could take her by the hand and lead her home.
Their wood-frame stone farmhouse rose from the side of a mountain that reached nearly a mile into the sky. The house stood atop a ledge carved by hand into the mountain’s sheer face, near the center of a ridgeline shaped like a horseshoe. Looking out from the farmhouse’s porch, one sees the horseshoe ridge open to the north and into a lush valley below. At the valley’s end, the earth rises again. A series of jungle-covered ridges climb in succession, each higher than the last, each darker than the last, like layers in the most extraordinary landscape painting. Beyond the last ridge is a sheer white palisade of ice and rock cutting straight across the entirety of the horizon and reaching into the heavens. This is the Mansiri Himal range of the Himalayas. Though located roughly eighty miles north of the farmhouse, it dominates every visible inch of skyline, from
the base of the horizon to a peak nearly five miles high. The range’s highest visible mountaintop, which is also the eighth-tallest in the world, resembles the silhouette of a fox’s head, its twin peaks like ears facing each other across an arched ridge. Its name is Manaslu, which means, “the Spirit Mountain.” The farmhouse faces Manaslu almost squarely.
No one is quite sure how long people have been living on and farming the horseshoe ridge, but Kamala’s grandfather and his two brothers built the first permanent homes along the narrow path they’d carved into the red earth. Eventually, their trio of farmhouses became a recognized village, called Tin Gharey Toll, which means “the Three-House Street.” Eight families lived there in April 1986, when Kamala was born inside her grandfather’s house beside the warmth of an open fire.
Seven other villages are scattered along the horseshoe ridge, each holding a cluster of about a dozen homes, many splashed with red bougainvillea, pink hibiscus, or roses carefully cultivated around the edges of their gardens. Terraced farm fields are carved above and below each cluster of homes, winding around the mountain like green staircases climbing into the clouds. The jungle’s assault of the valley is beautiful and relentless, fueled by freshwater that streams down gullies in every season; the creeks and rivers may slow in summer, but they never run dry. Relief from the wild comes only from blades driven by human and livestock muscle, sinew, and bone—from the villagers chopping through tangled vines, felling trees with hand axes, and from bulls or water buffalo pulling tethered plows to carve away the jungle by scraping out the mountain earth beneath it.
The red dirt beds of the cleared terraces are sown each season with blankets of seed—corn, millet, rice, and beans, all of which demand constant care. Tiny footpaths trace the terrace edges. When the terraces are thick with life, they look like green banners unfurled throughout the valley, with narrow bands of red trim. Families here eat only what they can grow or rear with their own hands, which requires each household to possess a bit more than an acre to survive, roughly the size of an American football field. Many farmers must extend their terraces all the way to the valley floor in order to assemble enough total cropland from these tiny strips of mountain to get the food they need. The deeper into the valley the farmers go, the wider their fields can get, owing to the more forgiving grade there. Yet the price comes in the climb back up, which grows heavier with each step, especially when the farmers are bowed by the weight of a harvest, which they carry in giant baskets slung over their backs and secured by straps across their foreheads, their necks stiffened atop shrugged shoulders. Often this is the work of girls and women.