Defiance

by Don Brown

  "But we don't have a body."

  "And we don't have bodies for those who died in the World Trade Center either. But we had a mortar attack directed at the cave where we think she was, and we had hair samples showing her DNA. Besides, if this memo is legit, then why wasn't it found on Commander Quasay when Israeli Special Forces pulled him out of Syria after he used U.S. Navy jets to attack the Dome of the Rock?"

  "Sir, that's an excellent question."

  "Wasn't Quasay supposed to cooperate with us in return for Commander Brewer not seeking the death penalty?"

  "That's right, Mr. Director."

  "Has he mentioned any of this?"

  "He's confirmed that Islamic Glory was part of a coordinated plot by the Council of Ishmael to attack the Dome of the Rock as a means of driving a wedge between the U.S., Israel, and moderate Arab states."

  "We've known that for months," the director said. "But nothing about this hostage list?"

  "No, sir. Not yet."

  Barry doused the Monte Cristo, folded his arms over his basketball belly, and shook his head.

  "Well then, you can understand why I'm reluctant to light a fire under this thing, can't you?"

  "Of course, Mr. Director."

  "Okay. I thought you would understand. Look, Shannon, I'm not saying this isn't legitimate. What I am saying is that I need more, and our intel people are working on this."

  Bureaucrat. "Yes, I understand, Mr. Director." I understand that you're content not to rock the boat if it might damage your fledgling political career.

  "Anyway, we appreciate your good work, and we'll be on top of this here in Washington."

  "Sure you will," Shannon whispered.

  "What was that?"

  "I said that I'm sure the ser vice will do all it can."

  "Very well. Barry, Shannon. Good to talk with you both. We'll be in touch if we know anything."

  Barry unfolded his arms. "Good-bye, Mr. Director."

  The line went dead.

  "You look like the bloody ghost of Christmas past," Barry said.

  "We may have a JAG officer still alive out there. And this guy..." She could not finish the thought.

  "Irish-Catholic temper flaring, is it?"

  "Sorry, Barry. That was a bunch of typical political jive talk. Five years from now, you and I will still be with the fleet, busting drug pushers, rapists, or anyone else undermining good order and discipline in the navy. That guy will be in Congress or licking his lollypop in some other political appointment. He's just punching his ticket, and you know it."

  Barry held his palms upward. "Hey, I'm on your side."

  Shannon rose from her chair and walked over to the window. "Barry, what are you doing tonight?"

  "Is that a dinner invitation?" The senior agent raised his eyebrow. "Heck with departmental regulations about dating subordinates. I thought you'd never ask."

  "Better than dinner. How 'bout a road trip?"

  "Really?" A cheesy grin crossed his face. "What'd you have in mind? La Jolla? The Del?"

  "Better than that," she said. "What I had in mind... is Kansas."

  "Kansas?"

  "Sure. We catch a flight this afternoon, chat with our friend tonight, and be back by noon tomorrow."

  "Ahh. You know, that might not be a bad idea."

  "Then we're good to go?"

  "I'll call for our tickets. If you say Kansas, then Kansas it is."

  Courtroom 1, Building 1

  Navy-Marine Corp Trial Judiciary

  32nd Street Naval Station

  San Diego, California

  Court-martial ofUnited States v. Ensign Wofford Eckberg, USN

  Day 2

  All rise!"

  Zack stood once again. Judge Reeves strode with confidence out the

  chamber doors and up the steps leading to the bench, then stood waiting for the bailiff's announcement.

  "This general court-martial of United States of America versus Ensign Wofford Eckberg, United States Navy, is now in session. The Honorable Captain Richard Reeves, United States Navy, presiding. God save the United States and God save this honorable court."

  When Captain Reeves said, "Please be seated," Zack was relieved that authority and confidence had returned to the senior military judge's voice.

  "Very well. We are back on the record after a thirty-minute recess," Judge Reeves began. "The record should reflect that all parties and counsel are present with the exception of Lieutenant Jacoby. Lieutenant Commander Harvey Carpenter, the senior defense counsel at the Naval Legal Ser vice Defense Command, is present with the accused, along with civilian counsel, whom the court recognizes from his distinguished career in public ser vice, but I will allow you to introduce yourself momentarily, sir."

  Web Wallace nodded, then smiled.

  "Now then." Reeves looked toward Zack. "At our last session, the government, along with Lieutenant Jacoby, announced that an agreement had been reached whereby the government would accept Ensign Eckberg's resignation and then drop all charges. Now, as I mentioned earlier, the detailed defense counsel, Lieutenant JG Jacoby, is no longer present in court, and the court with great sadness takes judicial notice of the lieutenant's sudden death over the weekend. The court, at this time, will observe a moment of silence for a period of one minute on behalf of Lieutenant JG Karen Jacoby. I will ask that we all stand silently on her behalf at this time. Bailiff?"

  "All rise!"

  As sunlight streamed through the glass pane windows just behind the empty jury box, silence permeated every corner of the courtroom. Judge Reeves bowed his head, as if praying. Zack kept his eyes glued on Diane Colcernian's picture and prayed that he would not publicly break down.

  "Please be seated," Judge Reeves said after one minute had passed. "Now then, Lieutenant Commander Brewer."

  "Yes, Your Honor." Zack rose to address the court.

  "Has there been a change in the agreement?"

  "Your Honor," Zack said, "that's unclear at this time. As the court mentioned, Lieutenant Jacoby died on Saturday. She had asked for a meeting with me that day to discuss this case. I'm sad to say that she died before we could discuss it. To my knowledge, unless Commander Carpenter knows otherwise, we have not received the accused's resignation. Although I can say from the government's perspective that this plea offer is still open."

  "Very well. You may be seated, Commander Brewer." Captain Reeves looked at the senior defense counsel. "Commander Carpenter, you've just heard Commander Brewer state that the government will abide by the plea offer that was read into the record Friday. Does the defense still plan to honor this agreement?"

  Looking uncomfortable, Lieutenant Commander Harvey Carpenter, who had been a classmate of both Zack and Diane at the Naval Justice School, rose to his feet.

  "As you might imagine, Your Honor, the tragic events of this weekend have rocked the Navy Defense Command."

  "And the court extends its sympathies to your command, Commander."

  "Thank you, Your Honor. After Lieutenant Jacoby's tragic death, Mr. Webster Wallace, distinguished counsel for U.S. Senator Eleanor Claxton, has volunteered to step in and offer his ser vices to Ensign Eckberg as civilian defense counsel."

  "Ensign Eckberg, as we discussed prior to Lieutenant Jacoby's death, you have a right to a detailed military defense counsel or to retain civilian counsel. Do you wish to retain Mr. Wallace as your counsel?"

  "Yes, Your Honor."

  "Very well. Mr. Wallace, are you making an appearance now on behalf of Ensign Eckberg?"

  Web Wallace rose slowly as if he owned the courtroom. He was wearing a gray suit, white shirt, gold tie, and matching gold handkerchief in his jacket pocket.

  "I am most honored," he said, his voice dripping with charisma, "to represent this fine young officer, Your Honor."

  "Very well, Mr. Wallace. And have you had a chance to discuss with your client the plea agreement that was announced in court on Friday?"

  "I have, Your Honor. And I've advised my cli
ent that it is in his best interest to reconsider his position." Wallace cut his gaze toward Zack and smirked. "We feel... I feel, based on my many years in both the legal and political arenas, that, unfortunately, this prosecution is politically driven and is being driven not by what my client allegedly did, but rather by who he is. And in this case --"

  "Mr. Wallace," Judge Reeves interrupted. "Does your client wish to withdraw from the plea agreement?"

  "Your Honor." Wallace rocked back and forth, then, turning around, addressed the reporters in the back of the courtroom. "I am reminded of the words that were spoken by the Reverend Dr. Martin Luther King Jr." -- he turned again to address the court -- "that we long for the day when men shall be judged not by the color of their skin, but by the content of their character.

  "Today the indomitable spirit of Dr. King lives on -- in that a man should be judged not by how God created him -- either straight or gay -- but by his acts of bravery and heroism and commitment to God and country. And so, Your Honor --"

  "Your Honor." Zack sprang to his feet, unable to take any more of Wallace's political grandstanding. "With all due respect, you asked Mr. Wallace a simple question -- namely, whether we still have a deal -- and he goes into an irrelevant spiel about Dr. Martin Luther King --"

  "With due respect," Wallace interrupted in a shocked tone, "Dr. King stood for civil rights. This case is about civil rights."

  "This case," Zack shot back, "is about homosexual assault aboard a U.S. Navy submarine. Nothing more. Nothing less. Conduct which, by the way, Dr. King would disapprove of. And I still haven't heard an answer to your question, Your Honor."

  "Gentlemen, that's enough," Judge Reeves snapped. "I'm not going to have sniping in my courtroom. Is that clear?"

  "Yes, sir," Zack said.

  "My apologies, Your Honor," Wallace said.

  "Now." Judge Reeves looked at Wallace. "Mr. Wallace, Commander Brewer was right about one thing. You haven't answered my question. I'll pose it to you once more, and if I don't get an answer, I'll order Commander Rouse to answer. Now I ask again, is your client withdrawing from the previously announced plea agreement?"

  Wallace turned to the gallery again and gave them a smirk that said, Can you believe this? Then he turned to look Captain Reeves in the eye.

  "Yes, Your Honor. That is my recommendation."

  "Very well," Judge Reeves said. "Ensign Eckberg."

  "Yes, Your Honor." Harvey Carpenter whispered something to Eckberg, who then rose. "Yes, Your Honor. I apologize for not standing. That is my desire. To withdraw from the agreement."

  "And you wish to retain Mr. Wallace as civilian counsel?"

  Wallace patted Eckberg on the back, nodding his head as if he were Eckberg's approving grandfather.

  "Yes, Your Honor," Eckberg said. "Yes, I do."

  "Very well. Having exercised your rights under the Uniform Code of Military Justice to retain civilian counsel, the court approves and accepts Mr. Wallace as civilian counsel. Now then, the accused" -- Reeves looked into the gallery -- "having withdrawn from the agreement, reenters his plea of not guilty. The court accepts that plea and we will proceed at this time. Commander Brewer, before we broke, I believe the government was in the process of the direct examination of Petty Officer Marvin Williams?"

  "We were, Your Honor."

  "Do you wish to resume with Petty Officer Williams' examination at this time?"

  "Yes, Your Honor," Zack said.

  "Your Honor, we object!" Wallace had switched seats with Eckberg. He was now sitting at the center of counsel table, beside Harvey Carpenter.

  "Please stand when you address the court, Mr. Wallace."

  "My apologies." Wallace stood.

  "Let me get this straight, Mr. Wallace. You advise your client to withdraw from the plea agreement, he changes his plea to not guilty, and now you're objecting to the government resuming its case?"

  "That's correct, Your Honor."

  "All right. On what grounds are you objecting?"

  "Your Honor..." Zack stood, holding his palms upward.

  "Hang on, Commander Brewer," Reeves said, still staring at Wallace. "Your grounds for objecting, sir?"

  "We have a motion to dismiss, Your Honor."

  "A motion to dismiss? All right. On what grounds?"

  "Uh... We move to dismiss on the grounds that my client's civil rights have been violated because of wrongful command tampering."

  A quizzical look crossed the senior military judge's face." Wrongful command tampering? That's the basis of your motion?"

  Lieutenant Commander Carpenter leaned over and whispered something to Wallace.

  "Uh... perhaps a slip of tongue. What I meant to say is unlawful command influence. My friend Commander Carpenter here has just informed me that I misspoke. I believe that's the military term of art. Yes. That's it. Unlawful command influence. Not being a military man myself -- I spent my formative years in the Peace Corps -- I am not all that familiar with the military terms of art. I am, however familiar, with all those terms of art as they apply to civil rights. And in this case --"

  "Hold on, Mr. Wallace." Judge Reeves whapped the gavel once on the bench -- something he rarely did. The sound reverberated through the courtroom, halting Wallace's pontification midstream. "I did not understand wrongful command tampering. I do understand the concept of unlawful command influence. Do you wish to be heard on that motion at this time?"

  Zack shot to his feet. "I object, Your Honor!"

  "To what, Commander Brewer?"

  "To the timing here. This is the type of motion that should have been brought before trial. Not in the middle of it. We've received no notice of this. And now in the middle of the trial this happens? After last Friday, when the accused agreed to resign and avoid prosecution altogether? I know some defense lawyers engage in the practice of trial by ambush, but this is unacceptable."

  "Commander, I'll take your objection under advisement after Mr. Wallace states his position on the record. Now I ask you again, sir" -- he turned to the venerable defense counsel -- "do you wish to argue your position at this time?"

  Wallace and Lieutenant Commander Carpenter conferred in whispered tones. "Your Honor, the defense requests a continuance at this time."

  "A continuance?"

  "Yes, Your Honor. I've just been retained as counsel. I need more time to investigate the case background. Plus, we are concerned about not only the decision to prosecute, but the policy behind it, and the commanding admiral's conduct in this case."

  "The commanding admiral?"

  "Your Honor," Zack said, rising from his seat. "There was no admiral on board that submarine." He threw his hands in the air. "Only a perpetrator -- Ensign Eckberg -- and half a dozen victims."

  "Save that for the jury, Commander Brewer."

  "Mr. Wallace, how much of a continuance are you asking for?"

  "Oh, I don't know..." He conferred again with Carpenter. "At this time, perhaps a week."

  "You realize your client is in confinement, and if I grant this continuance, the defense will not be allowed to count it against the government for speedy trial purposes?"

  "That's fine, Your Honor."

  "Lieutenant Commander Brewer, what is the government's position on this continuance request?"

  "Your Honor, SEAL Team 3, the unit where Petty Officer Williams and most of our witnesses are stationed, is an operational unit. While I can't comment on the unit's operational plans, the navy has an interest in having that unit operationally ready. Leaving the unit on standby while Mr. Wallace prepares for this case is not in the navy's best interest. And so, yes, we do oppose this request."

  "Your Honor, if I may address that, --" Lieutenant Commander Carpenter began.

  Judge Reeves held up his hand, palm out. "That won't be necessary," he said. "I am going to grant the continuance request. This court will be in recess for one week."

  "All rise!"

  CHAPTER 27

  Claxton campaign San Diego County hea
dquarters

  Hotel del Coronado

  1500 Orange Avenue

  Coronado, California

  Fifteen minutes later

  Jackson Gallopoulous marched into the suite of the junior senator from Vermont, checking his watch as he stepped in.

  "Eleanor," he said, "the press is waiting downstairs."

  Eleanor was sitting on a loveseat, her attention riveted to the television's live coverage of the events at the naval station. CNN reporter Laurie Jane McCaffity had been on the scene all morning, interviewing various eyewitnesses.

  Mary-Latham Modlin stood behind her, also watching the coverage. Two Secret Ser vice agents were stationed in the room -- one guarding the door and the other looking out the window.

  "Any other comments on this yet, Jackson?"

  "Not even from the White House."

  "Where's Mohammed?"

  Odd that she would ask about Mohammed at a time like this. "Back here at the hotel. I'd recommend that you wait to see him after the presser if you want to beat the White House to the punch on this."

  "Right. Let's go." Eleanor stood and followed Jackson, Mary-Latham, and the Secret Ser vice agents into the hallway and then into the secured elevator.

  Five minutes later Jackson stepped through a door leading onto the stage in the Coronado Room, a banquet hall the Del used for conferences and appearances by public officials. Under the glare of bright lights, he folded his arms and stood near the podium. The whir of cameras and the explosion of flashbulbs accompanied Eleanor's entrance onto the stage. As the senator stepped forward, Mary-Latham and Jackson stepped into place at each side of the podium. Mary-Latham, wearing a tailored black pantsuit, looked over and gave Jackson a heart-melting smile.

  "Good morning." Eleanor nodded to the press corps, then unfolded the statement Mary-Latham had prepared.

  "Some thirty minutes ago, here in San Diego, innocent protestors -- American citizens, exercising their most fundamental rights -- the right of the people to assemble peaceably, the right to protest the actions of government -- were gunned down in cold blood. Innocent blood has been shed by peace-loving Americans.