Jacobson shifted uncomfortably in his seat. Stone burst to his feet. “That is completely irrelevant and an unwarranted personal attack by counsel,” he shouted, sounding indignant.
Judge Orozco was back in charge. “Objection overruled.”
All eyes returned to the witness box. “Yes,” Jacobson answered. “He knew.”
“Did he help plan Mr. Zaric’s apprehension?”
Kevin looked over at Bradford Stone. He was agitated, whispering to Charles Oswald. Jacobson looked over at them before answering to give them time to object.
Finally, it was Oswald who rose. “Madam President, we must respectfully object to this line of questioning as being privileged internal communications and going into matters of attorney work product.” He sat down quickly.
Judge Orozco smiled. “You’ll pardon us if we don’t share your new-found concern for attorney work product. Mr. Jacobson, did Mr. Stone help plan the arrest of the accused?”
Jacobson shot one last look at the prosecution table. “Yes.”
“Your Honors,” Kevin said, “I again renew my motion to dismiss the case against Mr. Zaric and request a full evidentiary hearing on the legality of his arrest.”
Judges Orozco and Davidson looked over at Judge Linares, who was reviewing a ream of papers in front of him. Judge Linares looked up.
“Mr. Stone, I have your response to the motion in front of me,” Judge Linares said. “It appears that you clearly led the Court to believe that the United Nations had no advance knowledge of or participation in Mr. Zaric’s kidnapping and arrest.”
Stone rose, his arrogance gone for the moment. “I apologize if the court read our response in that fashion. I seem to recall that the main thrust of that response was that a person was not entitled to dismissal even if the arrest was illegal. In any event, we have not used any evidence seized in connection with the arrest and therefore the legality of the arrest is irrelevant.”
Judge Linares did not respond immediately. He appeared to be studying the papers in front of him.
Judge Davidson broke in. “You are correct, Mr. Stone. The legality of the arrest is not relevant to the issues at this trial. Mr. Anderson, your motion is denied.”
Kevin mustered every ounce of restraint to keep from slamming his fist in frustration.
Judge Davidson glared over at the prosecution table. “But that’s strike two, Mr. Stone.”
Kevin was furious. How could they keep getting away with this? He took a deep breath and tried to maintain a professional demeanor. He wanted to scream.
“Let’s take a thirty minute recess,” Judge Orozco said.
After the judges left, Kevin slumped in his chair next to Diane. “I can’t believe this! These morons are ready to lock me up when I am accused of doing something wrong, and they won’t do a thing to Stone who’s been caught in two lies to the Court.”
Diane patted his hand sympathetically. “You’re doing the best you can.”
“This is not a fair trial!”
A guard approached Kevin from the back of the room. “Your client would like a word with you.”
Kevin got up and followed the guard to the interview room just outside the courtroom. When he got inside and the guard had shut the door, Draga sprang to his feet. He punched his right fist out, then his left, like he was shadow boxing. “One, two,” he shouted. “You got him on the ropes. You’re killing him. This is better than a heavyweight fight, Kevin. I love it!”
Kevin couldn’t help but laugh, even though he was still angry. “My biggest fan, thank you. But I can’t believe these rulings. These judges will tolerate all kinds of crap from the prosecution.”
Draga started hopping around the room with his hands together in front of his stomach. “What are you doing?” Kevin asked.
“I’m hopping like a kangaroo. Should I do it in the courtroom and let them know what I think of this kangaroo court?”
“No, thank you. My, you are animated today. What did you have for breakfast?’
“I just love going to the prizefights, Kevin.”
“Well, we may be landing a few punches, but the referees are the ones who’ll declare the winner. And I don’t like our referees.”
“Any more news on your daughter?”
“Her whole school is out in Utrecht hunting for her right now. Hundreds of kids and grown ups.”
“That’s really something.”
“And the police expect Golic to fly in tomorrow.”
“Will they arrest him?”
“I don’t think so. I think they’ll follow him to Ellen.”
“Listen, I need to make some arrangements for my family,” Draga said. “Will the CIA stuff come up tomorrow?”
Kevin took a deep breath. “I’m not going to use it.”
Draga’s eyebrows arched in surprise. “Why not?”
“It’s complicated, but in the end it comes down to integrity. I took on the responsibility of being your lawyer. And I have to act in your best interests.”
“But what about your daughter?”
“All my life, I’ve believed that if I did the right thing, everything would work out. So, I’ve decided to do the right thing. I’m praying that it works out for Ellen.”
Draga put his arm around Kevin. “You are the most courageous, honest person I’ve ever met.” He squeezed Kevin’s shoulders then pulled back. “I’ll never tell another lawyer joke for as long as I live.”
Kevin smiled.
Draga was grinning as well. “I like your attitude, Kevin. And I think you are right. If you do good, good will be done to you. I wish I had lived by that rule, I wouldn’t be here right now.”
“You gave me permission to use the CIA evidence despite the consequences to you and your family. I haven’t seen that kind of character in anyone around here.”
“Well, let’s go kick some butt.” Draga pumped his arms once again.
“I’ve got some good news for you, sports fan,” Kevin said as he knocked on the door for the guards.
“What?”
“I think I might have strike three on Bradford Stone.”
CHAPTER 29
“Mr. Jacobson,” Kevin began when court resumed. “I’ve had the usher place defense exhibit 5 in front of you. It’s displayed on the screen as well. Do you see that document?”
“Yes.”
“And from sitting in this courtroom during the entire trial, you know what this document is, don’t you?”
“Yes, I do. It’s the list of names of Black Dragons who our witnesses have identified as having committed war crimes.”
“Is the list complete as far as you can tell?”
“Yes.”
“Madam President, I offer defense exhibit 5 into evidence.”
Judge Orozco looked over at the prosecution table. There was no effort to object to the seemingly harmless list. “Defense exhibit 5 will be received into evidence.”
“Thank you, Madam President.” Kevin turned to face Jacobson. “Now that we have a list of the people who committed the war crimes, I’d like to compare that to the list of members of the Black Dragons under Mr. Zaric’s command. Do you have such a list?”
Jacobson hesitated for a moment, as if trying to recall. “No, I do not.”
“Is such a list contained in your database?”
“No.” Jacobson glanced over toward Bradford Stone.
“Could you please go to your laptop and return it to the main screen that you see when you first turn on your computer?”
Jacobson complied, a puzzled look on his face.
Kevin continued, “Now could you double click on the icon called ‘recycle bin’?”
Jacobson didn’t comply. His eyes wide, he looked at Stone, who leaped to his feet. “Madam President, I strongly object,” said the prosecutor. “This is another fishing expedition. It is a waste of this court’s time and wholly irrelevant.”
Judge Orozco cut him off. “He’s caught some fish already today, Mr. Stone. I thi
nk we’ll let him continue for a while.”
“Thank you, Madam President,” Kevin said. “This won’t take long.”
Kevin instructed Jacobson to open the recycle bin.
Jacobson’s face had gone pale. He did as directed.
“These are the files which have recently been deleted from the computer, correct?”
“Correct,” Jacobson looked over at Stone again.
Kevin paused before asking his next question. He waited for Jacobson to look at him. “Mr. Jacobson, my next question is a career-breaker. I want you to think carefully before you answer it. Think of your livelihood, your family, your integrity.”
Stone was on his feet. “This is totally improper. Counsel is badgering the witness.”
“Ask your question, Mr. Anderson,” Judge Orozco said, “without the drum roll.”
Kevin smiled sheepishly.
The tension in the courtroom was palatable. Even Judge Linares was leaning forward waiting to hear the next question.
“Mr. Jacobson, did you delete the membership list of Black Dragons from your database?”
Jacobson was about to answer when Stone leaped to his feet. Finally realizing where this was going, he was desperate to stop it. “Madam President,” he shouted, “this is outrageous! I caught Mr. Anderson breaking into our database during the noon recess. He was sitting in the witness box using Mr. Jacobson’s laptop computer. He cannot be allowed to profit from this skullduggery.”
Judge Orozco was silent, taken aback by the objection.
Judge Davidson, however, was impatient. “We’re not going to waste any more time with this,” he snapped.
Kevin, not sure what Judge Davidson meant, was determined to forge ahead. “Did you delete the membership list of Black Dragons from your database?” he repeated in a loud voice.
On the computer screen, a file labeled ‘membership’ could be seen among those in the recycle bin. Jacobson glanced at the screen, and then quietly said, “Yes.”
“When?”
“On Saturday.”
“Why?”
“I was instructed to do it.”
Kevin couldn’t wait to ask his next question. “By whom?”
Stone leaped to his feet. “Madam President!” His voice was booming with as much bluster as he could summon. “This is privileged information. It’s entirely irrelevant to the case. I must instruct the witness not to answer.”
Judge Davidson’s face turned bright red. “And I instruct the witness to answer the question right now,” he yelled. “Who told you to delete that file?”
Jacobson was now bent on saving himself. He didn’t hesitate. “Mr. Stone.”
All eyes turned to Bradford Stone. Even Charles Oswald was looking at him. Stone’s face had turned crimson. He looked down at some notes.
All of a sudden there was a noise from behind Kevin. “Strike Three!” Draga yelled, standing up and waving his arm like an umpire calling a batter out. The guards moved forward quickly to restrain him. Draga sat down, a wide smile on his face. The guards couldn’t help themselves. They broke out in laughter.
Judge Davidson ignored the outburst. His gaze was directly at Bradford Stone. The judge was livid. “Is that true, Mr. Stone?” he barked.
Stone rose slowly from his chair. “May I have a word with my co-counsel?”
Judge Davidson glared at Stone. “We’ll be in recess for ten minutes,” he announced. “I want a full explanation for this when we reconvene. That is an order.”
The judges stood up and strode from the bench. Kevin saw Judge Davidson grab Judge Orozco’s arm and say something to her as they left.
Oswald and Stone quickly left the courtroom as well.
Kevin noticed that there were no spectators today in the visitor’s gallery. Pity, he thought. He hoped the news media was covering this session from the press room. He wanted the people holding Ellen to know the extent to which he was fighting for Draga.
“Was he hiding evidence?” Diane asked Kevin
“He sure was. I hope they don’t let him out of this one.”
“How did you find out?”
“I checked the recycle bin at lunch, just like he said. I saw the membership file.”
Kevin couldn’t wait for the ten minutes to be up. He turned around. Draga was laughing with the guards and repeating his umpire gesture. When his eyes met Kevin’s, he shadowboxed three punches. At least the accused was enjoying his trial now.
The judges filed in exactly ten minutes after they had left. Their expressions were grim. Kevin noticed Charles Oswald sitting alone at the prosecution’s table. Bradford Stone was nowhere to be seen.
Judge Orozco began by recognizing Oswald. “Madam President, Your Honors, I would like to apologize to this Court for what has transpired this afternoon. We have suspended Mr. Stone, effective immediately. He will no longer be participating in this trial, and our office will conduct a full investigation into the matter.”
Judge Orozco smiled grimly. “I think that is very appropriate, Mr. Oswald. Are you prepared to proceed with the trial?”
“Yes, Your Honor. And furthermore, I wish to advise the court that I had no knowledge of the deletion of these files until I heard about it in Court. Those files should have been turned over to Mr. Anderson months ago. I very much regret what has occurred here today.”
Judge Orozco smiled again. She seemed satisfied that the problem that threatened to unravel the trial had apparently been solved.
Kevin, however, was not about to let it go so easily. “Madam President, I move to dismiss the case on the grounds of outrageous prosecutorial misconduct. Evidence has been hidden, misrepresentations and perjury have been committed in this very courtroom, and the attorney-client privilege has been shamefully violated. You must send a clear message that this cannot be tolerated in this Tribunal.”
Judge Davidson interjected. “Mr. Stone has got that message loud and clear. You can now have the evidence that was withheld so that you’re not disadvantaged by his misconduct. But we’re going to decide this case on its merits. The Tribunal is here to seek the truth about what happened in the former Yugoslavia. Your motion is denied.”
Kevin looked down and shook his head.
“Do you want more time to review the evidence?” Judge Orozco asked Kevin.
“No, I’d like to continue my cross examination.”
“I’d like a recess so I could consult with counsel for the prosecution,” Jacobson interjected from the witness box.
Judge Davidson glared at him. “That won’t be necessary. We just had a recess. Proceed, Mr. Anderson.”
“Mr. Jacobson, could you open the file containing the membership list?”
Kevin saw the mouse shake as Jacobson moved it to open the file. Beads of sweat could be seen on his forehead.
“What exactly is this?” Kevin asked when a list of names had been projected on the screens.
“It is a list of all persons who were members of the Black Dragons from the beginning of the war in Bosnia in 1992 through the end of the war in 1995.”
“Where did you get it?”
Jacobson hesitated. He looked over at Oswald, who made no effort to object. “Do I have to answer that question?” he asked Judge Orozco.
“Yes, you do,” Judge Davidson answered for her.
“We received it from the American Central Intelligence Agency.”
“Are you convinced it is complete and accurate?” Kevin asked, avoiding further questions about the CIA.
“Yes, I am.”
“I take it that you have checked the names of the people on defense exhibit 5 who have been identified in this court as having committed war crimes against this list of bona fide Black Dragons?”
“Yes,” Jacobson’s voice was barely above a whisper.
“Please tell the court the result.” Kevin’s voice dropped to match that of Jacobson.
Jacobson took a deep breath. “None of the people who committed war crimes were on the list of
Black Dragons.”
“So you have no evidence that the people who committed the war crimes were under Mr. Zaric’s command?”
“That’s correct.”
“And that’s why this file was deleted?”
Jacobson shifted in his seat. “I guess so,” he said, never looking up.
Kevin could have stopped, but he had noticed one more thing. This one’s for you, Nihudian, he thought.
Looking up at Jacobson, Kevin said, “Please open the file labeled ‘Stigic.’”
Jacobson complied.
An invoice from Stigic Sewing Shop appeared on the screen.
“What is that?” Kevin asked, knowing it was the very piece of paper that Nihudian had died trying to help him retrieve.
“It’s a copy of an invoice from Stigic’s Sewing Shop in Sokolaz.”
“What is the significance of this invoice?”
“Stigic made two dozen Black Dragon uniforms in 1992.”
“For whom?”
“Victor Vidic,” Jacobson was now sticking to the shortest possible answers.
“The same Victor Vidic who committed the brutal war crimes we have heard about in this court.”
“Yes.”
Kevin spoke clearly and with emphasis on each word. “He ordered these uniforms so he and his associates could impersonate the Black Dragons, correct?”
“Yes.”
“I’d like to offer this invoice as defense exhibit 6.”
“Defense exhibit 6 will be admitted,” Judge Orozco said after seeing that Oswald was not objecting.
Kevin turned back to Jacobson. The man was not resisting any more. He just wanted to get his testimony over with. Kevin pressed on for the final thrust.
“You have no evidence that Mr. Zaric had any command or control over Victor Vidic or anyone else on defense exhibit 5, do you?”
“No.” Jacobson conceded.
“You have no evidence that Mr. Zaric ever even met the people who committed the war crimes, let alone commanded them, do you?”
“No,” Jacobson admitted.
“I have no further questions, Your Honor,” Kevin said, taking his seat. He saw Jacobson’s taut face relax.
“Any questions on redirect, Mr. Oswald?” Judge Orozco asked.
The TRIBUNAL Page 27