by Don Brown
"The members had been selected but were dismissed from the courthouse when the bomb went off."
"Thank God for that too."
"Yes, sir."
"Other deaths and injuries?"
"In addition to the two Al Jazeer suicide bombers, four other members of the press. Two British and two French."
"Make sure we send official condolences to the British and French governments."
"Yes, Mr. President."
"Mr. Secretary" -- Mack looked at his secretary of state -- "what's the official word from the Israelis?"
"Mr. President, I just got off the phone with Foreign Minister Baruch," Robert Mauney said. "They're embarrassed, of course, about the security lapse, but they've secured another courtroom in the same building. A carpentry crew has already started refurbishing the new jury box and can be ready as early as tomorrow morning. She also said, however, that if we wish to delay the proceedings a few days, the Israeli government will understand and cooperate."
"Mr. Secretary, cable the Israeli foreign minister. Court-martial proceedings will resume tomorrow morning.
"Secretary Lopez?"
"Yes, sir?" the secretary of defense said.
"Pass the word down the navy chain of command. I expect Brewer and Poole to be ready to go full steam ahead at sunrise."
"Yes, Mr. President," Lopez said.
"The United States of America will not allow Arab terrorists to interfere with or derail the manner in which we conduct our business."
"Yes, Mr. President."
"That is all." He hesitated. "For now."
Syrian Desert
33 degrees 15 minutes north latitude
37 degrees 8 minutes east longitude
It's an F-18, all right." Shannon trained the night-vision goggles on the aircraft's nose cone. "Or at least what's left of one."
In the moonlight, Shannon, flanked by Ben and Dan, stood about twenty feet from the wrecked nose cone, while Israeli and American military crash investigators combed the site. Several were already digging into the remnants of the cockpit.
"We've got a body!" one of the investigators shouted.
"Somebody get a body bag!" a second investigator said.
"He's charred like burned toast!" came another voice from the cockpit.
Shannon cupped her hands to her mouth and called out, "Can you ID him?"
"Stand by."
A flashlight was pointed into the cockpit.
"Dog tag says Lieutenant Price."
"Get him bagged and let's get out of here!"
CHAPTER 56
Courtroom 4
Israeli District Court
West Bank Division
All rise!"
"Be seated," Judge Norgaard said and then turned to the bailiff. "Please bring in the members."
A moment later, twelve U.S. Naval officers -- a captain, eight commanders, and three lieutenant commanders -- marched into the jury box.
Without a word about yesterday's bombing, Judge Norgaard, said, "We are now ready for opening statements. Is the government ready?"
"We are, Your Honor."
"Is the defense ready?"
"The defense is ready," la Trec oozed.
"Very well. The members are with the government."
Please be advised that at the moment you begin your opening statement, we will begin to, with the use of a sharp knife, amputate Lieutenant Colcernian's right hand. We will take our time, of course, ensuring the amputation process lasts precisely as long as your opening argument.
"Lieutenant Commander Poole will make the government's opening statement, Your Honor," Zack said.
"Very well."
Wendy stood, then walked across the well to the banister, in front of the senior member of the military jury.
"Mr. President, distinguished members, this is a very simple case. "Unfortunately, it is a very simple case about murder, dereliction of duty, and treason.
"Lieutenant Commander Mohammed Quasay" -- she pointed to the defendant -- "is a United States Naval aviator." She lowered her arm and returned her gaze to the members. "At least, that was his cover."
"The United States government has spent hundreds of thousands of dollars on this officer. Investing in him from his early days at the University of Michigan. Putting him on an NROTC scholarship. Providing him with the best flight training in the world.
"Quasay worked his way up the ranks as a naval aviator. He was awarded a squadron command on board USS Harry S. Truman. He was a leader of men.
"But despite all that, despite everything the navy had done for him, as it turned out, Lieutenant Commander Quasay proved to be a traitor.
"On May 8 of this year, Quasay's air wing commander asked for volunteers to fly a very dangerous, low-level mission over Israel. The mission was dangerous, the air boss explained, because Quasay's jet would be flying within point-blank range of Stinger missiles. Quasay, along with the late Lieutenant Hosni Alhad, volunteered for this mission.
"As it turned out, unbeknownst to anyone, Quasay and Alhad had a mission of their own. It was a strange mission. It was a perplexing mission. It was a deadly mission.
"Next day, both jets took off from the Truman. Coming down low over Israel, they set a course over Jerusalem. Their official mission was to fly low, to show the flag of the United States, to bring a sense of comfort to the citizens of Israel.
"Their personal mission, however, was to unleash their missiles on Israel, to kill Israelis. Ironically, these two Muslim-Americans not only killed Jews, but killed Arabs as well. Their missiles struck the Dome of the Rock, destroying one of the holiest sites in Islam.
"These pilots were in command of their aircraft, ladies and gentlemen. They used their aircraft for great destruction, to kill innocent civilians.
"This we will prove, beyond a reasonable doubt.
"Thank you."
Wendy turned and walked away from the members. Zack prayed for Diane.
"Mr. la Trec," Judge Norgaard said. "Would the defense care to make an opening?"
"Indeed, Your Honor."
La Trec stood, nodding, then stepped into the well.
"Mr. President, members, as a citizen of France, it is indeed a humbling experience to stand before this tribunal, a military jury of the United States armed forces. We citizens of France have never forgotten, nor will we ever forget, the great sacrifice of blood and life spilled by Americans on the beaches in Normandy. And so as a result of your sacrifice, our friendship is forever cemented, and our respect for your constitution is deep and great.
"Mr. President" -- la Trec gracefully swept his hand across the courtroom -- "your constitution, and your fine legal system, which is as grand as any in the world, holds fast to the principle that unless the state can prove guilt in a trial, whether a civilian criminal trial or a military court-marital, an accused must be acquitted.
"In this case, the government's case will be fraught with reasonable doubt. You see, my friends, my clients" -- he pointed to Quasay -- "my client, is a Muslim-American. He is accused of deliberately, of his own accord, attacking one of the holiest sites in all of Islam.
"Would a Catholic attack the Vatican?
"Would a Jew attack the Wailing Wall?
"And likewise, why, ladies and gentlemen, would a Muslim-American deliberately attack one of the holiest sites in his own religion?
"Is reasonable doubt not already cropping into your minds by the very question, ladies and gentlemen? Is it possible that Lieutenant Commander Quasay or that his naval flight officer was ordered to launch this attack?
"What other reason would a naval officer, who happens to be Muslim, have for doing this unless he was ordered to? Is it possible the missile was actually fired by the naval flight officer, Lieutenant Mark Price, who is nowhere to be found? Does this raise questions in your mind? We fully expect the evidence will suggest this attack was ordered by those above Lieutenant Commander Quasay.
"And at the end of the prosecution's case, I
promise you, ladies and gentlemen, that reasonable doubt will flood your minds, will dominate your thoughts, and at the end of the day, this case will scream for a verdict of not guilty.
"Thank you."
La Trec strode confidently back to the defense table and sat down.
"This court is in recess."
"All rise."
CHAPTER 57
United States Naval Hospital
Naples, Italy
Shannon McGillvery was sleeping on the utilitarian red leather sofa in the waiting area when a hand shook her shoulder.
"Special Agent McGillvery?"
"Zack?"
"No, it's Doctor DeSoto."
She rubbed her eyes and looked up, her eyes falling on the handsome young navy surgeon, a lieutenant commander, standing over her.
"What time is it?"
"Three in the morning."
"Are you finished?"
"Yes. It was messy."
"Aren't all autopsies messy?"
"The ones where the skin has turned to charcoal are especially messy."
"Thanks for ruining my breakfast."
"It's four hours to breakfast." He sat on the sofa beside her.
"Well?" She pushed herself upright on the sofa, her bare feet touching the cold floor as she felt for her loafers. "What's the verdict, Doctor?"
"Gunshot wound to the chest."
"What do you mean?"
"That's what killed this officer. A gunshot wound. That's what I mean."
Shannon felt her eyes grow wide. "Not the crash?"
"Not the crash."
"Do you know what kind of bullet?"
"I don't know anything about ballistics, Miss McGillvery, but I did dig this little puppy out of the lieutenant's chest." He reached into his pocket and pulled out a warped bullet in a small plastic bag. "By the way, there were two other bullet holes in his chest. But there were exit wounds in both cases. The other two are either still at the crash site or maybe in the Syrian Desert somewhere."
"Stay right here, Doc. I need to get my evidence bag. That's gotta go into chain of custody, and I've got to get it over to our ballistics lab right now."
Horse caravan
Mountainous terrain
Location unknown
Early-morning light filled the ravine, and Diane sensed the caravan was moving to higher ground. She raised herself up and looked out, then down. The river was now about one hundred feet or so below. The horses and mule were headed up a path with about a 20-degree incline.
The equestrian caravan clung to the mountain, steadily climbing upward in a series of hairpin turns, all the while making the river look more like a creek, then like a snake, then like a small string, maybe a couple of thousand feet below the road.
When they had climbed for several hours, they reached a level area in the side of the mountain. The spot was bathed in sunlight.
"Welcome home," Mr. Terrorist said.
"Home?"
"Get out. I will show you."
She stepped off the wagon, following him around a big boulder and into a narrow and deep cave. Inside were boxes of small rocket munitions and what appeared to be rocket launchers. There was also a cache of small weapons, mostly AK-47s, their triggers dead-bolted.
"There are some pillows and blankets and some foldaway cots a little ways back. Here is a flashlight." He handed it to her.
The small cot was spartan, but the pillows were inviting. If this was the place she was going to die, maybe she could die in her sleep.
She spread a blanket on her cot, lay down, and buried her head in the pillow.
And closed her eyes.
And prayed.
And fell asleep to the image of Zack Brewer.
CHAPTER 58
Courtroom 4
Israeli District Court
West Bank Division
Zack felt that the prosecution's case had gone well so far, and he had called a litany of witnesses to prove that missiles from Quasay's plane destroyed the Dome.
From the USS Harry S. Truman, the air wing commander, Captain J. Scott Hampton, testified that Quasay and Alhad had volunteered to fly the mission, low over Israel, and had been made fully aware of the dangerous consequences before volunteering. Under no circumstances, Captain Hampton testified, had either pilot been given authorization to fire on the Dome of the Rock. In fact, they were under strict orders not to fire unless in self-defense.
"Firing the missiles," Hampton said, "was a violation of a lawful standing order."
Israeli radar operators testified about the planes' flight paths over the Dome of the Rock, and forensic ballistic experts were called to testify that the missile fragments that destroyed the Dome were in fact fired from missiles traced to both planes.
Alexander Kweskin testified about the death of his daughter, breaking down on the stand several times. La Trec cross-examined him gently.
"Mr. Kweskin, I am so sorry for your loss. But the truth is, you don't know who fired those missiles or why they were fired, do you?"
"Nyet," he responded, after Kathryn Shadle translated.
The government had rested its case, clearly proving that Quasay's plane fired the missile. But the big, gaping question left in the government's case was, why?
Why would a Muslim intentionally attack his own holy site?
And unless Zack could pin down the answer, there was the legitimate chance that Quasay could walk.
And Diane might live. Please be with her, Jesus.
Would la Trec put on evidence? He would have to, in Zack's opinion, if he planned to build his defense on the theory that these attacks were ordered.
"Mr. la Trec." Judge Norgaard peered down from the bench. "Will the defense be putting on evidence?"
"We will, Your Honor."
"Very well. You may call your first witness."
La Trec rose. "Your Honor, this is somewhat problematic at the moment."
"Oh?" Norgaard adjusted his glasses. "And why is that, Mr. la Trec?"
"Because at this moment, our first witness is still aboard his ship."
"Who is your witness, and what ship is he on?"
"He is on the USS Harry S. Truman, Your Honor. Our witness is the Truman's commanding officer. He is Captain William Constangy."
A rumbling of whispers and murmurs arose from the gallery.
"Your Honor, I'm going to object." Zack rose to his feet.
"Your grounds, Commander?"
"Unfair surprise, Captain Norgaard. The Manual for Courts-Martial requires that the defense submit a witness list. Captain Constangy is not on that list. Besides, the Truman is on heightened alert right now, patrolling the eastern Med to try to deter any type of attack against Israel.
"We would argue that Captain Constangy would be disqualified because of operational requirements."
Norgaard peered under his half-frames at the Frenchman. "Mr. la Trec, two questions. First, is there a reason you did not put the captain on your witness list? And second, what relevance is he?"
"As to the first part of the question about a witness list, forgive me, Your Honor. As a Frenchman, not totally familiar with your Manual for Courts-Martial, I must plead ignorance about the witness list requirement. But please, I beg of you, do not punish my client for his avocat's mistakes. Certainly my clumsiness would constitute an ineffective assistance of counsel which would be reversible on appeal."
Norgaard frowned at la Trec.
Wendy leaned over and whispered in Zack's ear, "The ole ineffective assistance card. He knows exactly what he's doing. Using ineffective assistance to get away with springing a surprise witness."
"Tell me about it," Zack whispered back.
"Now as to the second part of your question," la Trec continued, "I can represent that the captain would be relevant to our defense that this missile attack may have been ordered. Please, Your Honor, allow this witness. My client faces the death penalty. Do not hold my incompetence against him."
Norgaard looked a
t Zack. "Lieutenant Commander Brewer?"
"Your Honor, Mr. la Trec has a reputation as being one of the world's greatest avocats. He has a professional staff, many of whom are here with him today. Therefore, it is unfathomable that he was not aware of the witness disclosure rule.
"Mr. la Trec has undertaken the defense of Lieutenant Commander Quasay, he has brought himself before this forum, and he is charged with learning the rules and applying them just like any other defense counsel. You can't just spring a witness on opposing counsel without prior notice, even if you are one of the world's greatest . . . what is it the French call them? Avocats?
"The court must draw the line in the sand, Your Honor. I mean, what's he going to want to do next, call President Williams to the stand to support this ludicrous theory that this brutal attack was ordered by those above him in the chain of command?"
Norgaard held up his hand, and Zack paused.
"Any more surprise witnesses, Mr. la Trec?"
"No, Your Honor. I assure you."
"Because if I do allow this witness to testify, I promise you that I won't allow any more surprises."
"Of course, Your Honor."
Norgaard looked at Zack. "You were saying, Commander?"
"I was saying, Your Honor, that to allow Mr. la Trec to spring this surprise would deprive the government of its right to a fair trial. And our Supreme Court has held that the government has just as much right to a fair trial as the defense.
"Surprise witnesses violate not only the rules of court, but traditional notions of fair play and fundamental justice." Zack glanced at la Trec, who was still smiling arrogantly. "The government asks that the motion be denied."
Judge Norgaard looked at la Trec. "Mr. la Trec, I'm going to give you one free pass. The court will order Captain Constangy be brought here to testify. I don't know how long that will take. Perhaps not too long, because the Truman just happens to be off the Israeli coast right now.
"But make no mistake. This is your only free pass. During the recess, I suggest you and your assistant over there go find a copy of the Manual for Courts-Martial and read it. Is that clear?"