As counsel for Dragoljub Zaric, Kevin Anderson was provided with reports and witness statements, which were governed by a protective order issued by the court. The order provided that because of danger to the witnesses, copies of materials concerning protected witnesses were not to be distributed to third parties other than the accused and persons working directly for the defense.
This morning, I observed Anderson loading boxes into a car at the Tribunal. Thinking that Anderson might be distributing materials covered by the protective order, I followed Anderson and observed him travel to the Tribunal detention center. Inquiry with the jail indicated that Anderson had delivered three boxes of discovery materials for his client.
Thereafter, I followed Anderson to the Embassy of Serbia and Montenegro, where he exited in the company of Zoran Vacinovic. Vacinovic is a former officer in the Yugoslavian secret police and a long-time confidant of former President Slobodan Milosevic. Vacinovic is believed to have been assigned to The Hague to monitor the activities of the War Crimes Tribunal.
I observed Anderson and Vacinovic get into Anderson’s car and drive off. Anderson thereafter engaged in counter surveillance driving, circling the same block and making quick turns. This is a common method of determining if one is being followed.
Anderson and Vacinovic were thereafter observed meeting at a restaurant in the central area of The Hague owned by a reputed member of the Serbian underworld. After the meeting, Anderson again engaged in counter surveillance driving, so as to lose anyone who might be following. I was unable to follow Anderson, but other investigators observed the pair arrive at the Serbian Embassy.
Once back at the Embassy, Investigator Allen Jacobson observed Anderson take a heavy box from the trunk of his car and hand it to Vacinovic. The box was identical in appearance to one that had been provided to Anderson by the company that had copied the discovery. It was also identical to the boxes that Anderson delivered to the jail earlier in the day. Investigator Jacobson observed Vacinovic carrying the box into the Embassy.
About an hour later, Vacinovic was observed carrying the same box to the Post Office. I requested the Post Office hold the box so that it could be searched once a court order was obtained. The box is addressed to one Mihajlo Golic in Belgrade, Serbia.
A review of the financial authorization forms filed by Anderson with the Tribunal revealed that no investigator had been retained by Anderson. Therefore, it appears that Anderson has violated the terms of the protective order, and that a search of the box seized at the Post Office, the Embassy of Serbia and Montenegro, and Anderson’s office and home is necessary to locate additional protected material and to find additional evidence of the conspiracy to violate the Court’s protective order by Anderson, Vacinovic, and others.
The affidavit was approved and submitted to the Court by Bradford Stone.
Kevin felt a wave of relief. They had gotten their facts wrong. He had not delivered any materials subject to the protective order to Vacinovic. Golic was Kevin’s investigator, and the prison had a letter to prove it. He had enclosed a letter in the box directing Golic not to copy the materials. Kevin had even kept a log of the copies he had distributed, as required by the Tribunal. And as for his “counter surveillance driving,” he had driven the way he had that day because he was lost, not to avoid being followed.
Then, a surge of anger welled up inside Kevin. These heavy-handed prosecutors had no right to invade his home and scare his family. “Could you come over here, Mr. Anderson?” Wells was sitting at the dining room table with materials from Kevin’s briefcase spread out before him. “This is a very serious matter, Mr. Anderson. I need to ask you some questions.”
“This is a very serious matter,” Kevin said. “You have stormed into my home at night like the Gestapo, scared my family to death, and rummaged through privileged attorney-client papers. And you’re dead wrong. I followed the protective order to the letter. I’ve got nothing more to say to you.”
Wells shook his head. “If that’s the way you want it, counselor. We’ll be seeing you in court.”
“No, I’ll be seeing you in court.”
Wells and his troops left a few minutes later, taking all the documents with them.
“Don’t worry,” Kevin told Diane and Ellen, “I haven’t done anything wrong.”
He explained to them what was in the affidavit and what he had actually done.
“What are you going to do, Daddy?”
“Well, I think I’ll file some kind of emergency motion tomorrow morning and see if I can get the judge to order the return of all the papers they took. After that – I don’t know – maybe we’ll sue them for home invasion.” He couldn’t believe how much like a defense lawyer he was sounding.
Diane was still shaken. “This isn’t like America, Kevin. These people at the Tribunal have more power than you. Be careful.”
“I will, honey. And you’re right; they have way too much power.”
Diane and Kevin let Ellen sleep with them in their bed that night. After Ellen had fallen asleep, Kevin got up and went back downstairs. He spent the next few hours drafting his emergency motion on his computer. He recounted segregating the discovery, and explained his so-called “counter surveillance” driving. He demanded return of all of the items seized, as well as Draga’s release from confinement as a sanction.
At some point, Diane appeared, and offered to make them tea.
With steaming cups in hand, they sat at the kitchen table, speaking in hushed tones in the quiet and darkened house.
“I’m sorry that I brought this home to you and Ellen,” Kevin said sadly.
“You know, all along I’ve thought that you were on the wrong side,” Diane said. “But after what happened tonight – my God, these people are scary. If they can make you look guilty in their reports and investigation, what can they do to other people?”
“This whole thing was a mistake. We should have stayed home.”
“There was a time I would have liked to hear that. But now, you’ve got to do your job. If you believe your client is innocent – ”
“I can’t know that for sure, Diane. Nothing is black and white around here.”
“Okay, but do what you have to do. I’m here with you – and for you.”
Kevin was remembering why he had fallen in love with Diane.
He reached out to touch her cheek. She intercepted his hand and kissed it.
At breakfast, Ellen asked, “Daddy, are the policemen going to come back?”
“I don’t think so. And today, I’m going to make them sorry for what they did.”
“I can come with you to court today,” Ellen said excitedly. “I can be a witness.”
“No,” Diane said quickly and emphatically.
“Maybe you can come another day,” Kevin said. “I’d like that.”
“Okay. I wanna see you kick butt at Draga’s trial,” Ellen replied enthusiastically.
Kevin laughed, and so did Diane. He was glad to see that the nocturnal visit from the police had not taken any of the spunk out of their daughter.
Kevin showered and dressed. There would be no time for his usual jog this morning. As he sat down for breakfast, he flipped on CNN. A picture of Draga appeared.
“Tensions are running high today in Serbia and Montenegro,” the announcer said, “after the search last evening of their Embassy in The Hague by investigators from the U.N. War Crimes Tribunal.”
Kevin motioned for Diane and Ellen to look.
“Court officials claim that Kevin Anderson, an American lawyer for the infamous Serbian warlord Draga, passed confidential information to an Embassy official about Muslim witnesses whose identity has been kept secret for fear they would be killed.”
A picture of Kevin was beamed on the television.
Kevin groaned.
“This morning, leaders of the Serbia and Montenegro government announced that they had expelled the Ambassador from The Netherlands in protest.”
The announ
cer went on to the next news story.
“Wow, Daddy, you’re on CNN!” Ellen exclaimed. “I hope my friends at home saw that.”
“That’s not exactly the kind of publicity I want,” Kevin said, wondering what his former colleagues at the U.S. Attorney’s office would be thinking.
When Kevin rode his bike near the Tribunal building, he could see news cameras set up outside the guardhouse. “Do you expect to be arrested, Mr. Anderson?” shouted a reporter as Kevin approached the Tribunal guardhouse.
“Not at all. I haven’t done anything wrong.”
The news cameras were rolling as Kevin stopped in front of the guardhouse.
Six or seven reporters gathered around Kevin.
“Was your house searched last night?” one of them asked.
“Yes, it was. The prosecutor’s office seized privileged communications between my client and me, as well as documents outlining our strategy for defending the case. I’m filing a motion this morning for the immediate return of those items.”
“Did you pass confidential materials to an official of the Serbian secret police?”
“No, I did not.”
Kevin noticed Judge Davidson striding briskly up the walk toward the guardhouse.
“I’ll be happy to provide you copies of what I file with the Court this morning,” Kevin said. “They contain all the true facts.”
He hustled up to the Registrar’s office to file his motions, and then went to his office. Later that morning, Kevin received a copy of an official protest lodged at the Tribunal by the government of Serbia and Montenegro.
Then, the phone at his desk rang. It was Nihudian.
“Kevin, I saw you on the news. Are you okay?”
“So far. You saw that I have a new client?”
“I did. That guy is really lucky to have gotten you. You are so powerful, Kevin.”
Hearing from Nihudian made Kevin smile.
“Thanks, but I’m not feeling real powerful right now. How have you been?”
“I am fine. I am teaching history at a high school in Sarajevo and enjoying the time with my family.”
“That’s great. Say, would you happen to know a good private investigator in Sarajevo? I need someone to interview the Muslim witnesses in Draga’s case.”
“I don’t think you could find an investigator in Sarajevo willing to help Draga. Let me think about that. I’ll ask my students. Maybe we can come up with someone for you.”
“Thanks, Nihudian. It sure is nice to hear a friendly voice.”
When he checked his e-mail, Kevin found a score of messages from concerned family, friends, and colleagues in the United States. Bud Marcello’s e-mail brought a smile to his face. It read simply: “And you told me to stay away from the dark side?”
He answered them all. “No problem,” was the gist of what he told everyone. “It’s just a small misunderstanding that will easily be straightened out.”
On his way out of the Tribunal he checked his mailbox. There was an envelope from the Registrar. Kevin opened it, hoping it was a notice of hearing on his motion. Instead, he saw the heading: “Order to Show Cause why Attorney Kevin Anderson should not be held in Contempt of Court.”
Kevin was ordered to appear in court on Monday morning for a Rule 77 hearing on whether he should be held in contempt of court for violating the protective order. The order, signed by Judge Davidson, noted ominously that Rule 77 provided for “punishment of up to twelve months in jail and a fine of 20,000 Euros” for anyone found in contempt of the Tribunal.
Kevin felt weak in the knees as he walked outside to his bicycle.
Would Judge Davidson dare to put him in jail?
CHAPTER 10
Two hours later, Kevin was in jail, visiting Draga. Kevin had picked up Chinese food, and the two men sat in the interview room, eating out of cartons with chopsticks.
“I’ll reserve a cell for you next to mine,” Draga said after Kevin brought him up to date on his legal difficulties.
“That’s a comforting thought.”
Kevin passed the chow mien to Draga. “Trade you for the fried rice.”
Draga dug at the rice one more time before handing the carton to Kevin.
“Want me to defend you at the hearing?” Draga asked.
“Oh yeah, you’ve really impressed Judge Davidson with your courtroom decorum. You’re the perfect choice.”
The two men laughed.
Talking to Draga made Kevin feel better, even if the man was absolutely no help.
“I called my contact at the Embassy,” Kevin reported, “and asked him to get your brother-in-law here for Monday’s hearing. I’m probably going to need him to testify that I had hired him as my investigator.”
Draga nodded, passing the chow mien back to Kevin, and digging into the pork.
“He’s supposed to be bringing me some reports of the investigation he’s done on your kidnapping. The version in the prosecution’s discovery just doesn’t make sense. If you were just unexpectedly handed over to the U.N. at the Romanian border, how did Allen Jacobson, the chief investigator for your case, get on the scene to try to interview you within two hours after you were found?”
“I didn’t say a word to that jerk.”
“There’s more to the story than we’re being told,” Kevin said.
“I have some business to discuss with you,” Draga said.
Kevin perked up. Had Draga changed his mind about assisting in his defense?
Draga pulled out a torn piece of newspaper. “Here’s the odds for this weekend’s NFL football games. Let’s see if you can pick the teams better than I can.”
Kevin looked sideways at Draga. “You want me to help you bet on football?”
“No, I want us both to bet on the games against each other. We can do it all season. Then, at the end, the winner pays off.”
“I’m about to go to jail for contempt and you’re facing life in prison and you want us to bet on football games?”
“I can pick the winners in your own country better than you.”
Kevin eyed his client. “No, you can’t. I follow football all year.”
Draga handed Kevin the paper. His picks were already circled.
Kevin studied the point spreads while Draga dug the remains out of the cartons.
“How much are we betting?” Kevin asked.
“How about a hundred dollars a game?” Draga replied.
“Are you crazy?”
“How about a hundred Euros, then?”
“Where would you get that kind of money? Wait, I don’t want to know.”
Draga smiled. “Okay, let’s just play for sport. Ten Euros a game.”
“That’s more like it. I’ll win enough off you this season to take my family out for a nice dinner.”
Draga laughed. “The Chinese was great. Thanks for lunch.”
“Let’s hope we’re not cell mates by Monday. Who would bring in the take-out?”
“See you in court, counselor.”
Sunday was Diane’s birthday, and Kevin, determined not to spoil her special weekend, decided not to mention the contempt order.
On Saturday, he and Ellen took the bus to The Hague and then shopped for presents. Ellen picked out matching orange sweatshirts for Diane and herself with Queen Beatrix’s family’s coat of arms on them. Ellen always managed to receive presents on other people’s birthdays. At the Royal pottery factory in Delft, an old city just south of The Hague, Kevin bought Diane a blue and white serving plate with a scene from one of their favorite Rembrandt’s, “The Night Watch.”
On Sunday afternoon, Kevin and Ellen took Diane to the Madurodam, an outdoor museum in The Hague where the scenes of cities and towns all over Holland were elaborately displayed in miniature.
“We know you like to stay close to home, Mommy,” Ellen explained thoughtfully. “This way you can visit all of Holland without leaving The Hague.”
They walked along the canals of Amsterdam, past the famous spire
of the Dom church of Utrecht, and the busy port of Rotterdam. Ellen’s favorite spot was the Mars candy factory. There, if you deposited ten cents, a miniature truck would take a piece of candy from a conveyor belt and deliver it to you.
Every child visiting the Madurodam was given a passport, which contained a challenging game of locating various buildings throughout the museum. Diane and Kevin tried to keep up with Ellen as she raced around answering the questions in her passport. As they were leaving, Ellen turned in her passport at the front desk. She had gotten all the questions right, and was awarded a stamp in the passport.
Just as Ellen ran over to show Kevin and Diane the stamp, she bumped into a man walking into the Madurodam.
“Don’t I know you?” the man asked.
Ellen thought she recognized him. “You’re helping my dad, aren’t you?”
“Yes.”
The man followed Ellen over to where Kevin and Diane were waiting.
“Mr. Anderson, I have just run into your lovely daughter. Or should I say, she has just run in to me,” said Zoran Vacinovic of the Serbian Embassy.
“Hello, Mr. Vacinovic. I hope Ellen wasn’t too rough with you.”
Vacinovic smiled. “Not at all. I was coming to show Mr. Golic some of Holland.”
Kevin saw his huge investigator coming up behind Vacinovic. They shook hands.
“Thank you for coming back to Holland, Mr. Golic,” Kevin said.
Golic turned to Ellen. “And how are you, young lady?”
“Great!” beamed Ellen. “I got all the questions right in my passport. Want to see?” Without waiting for an answer, she whipped out the passport and showed it to Golic.
“I just received some reports from Mr. Golic,” Vacinovic told Kevin. “I will bring them to court tomorrow. I think you will find them very interesting. And I’ve arranged for an attorney from Belgrade to be in court tomorrow as well.”
Kevin nodded. He turned to Golic. “I’m sorry to take you away from your family.”
“It is no problem.”
“How are you related to Draga anyway?”
Golic hesitated. “How do you say it in English?” he asked. Then he answered, “I am the brother of his wife.”
The TRIBUNAL Page 10