by Don Brown
Three members shook their heads.
"The second commonsense principle is a time-honored navy tradition that the commander of a ship or the commander of an aircraft is responsible for the actions of that aircraft. How many navy captains have lost their command when their ships ran ashore or collided with other vessels? Commander Scott Waddle of the USS Greenville, for example, was taken to a court of inquiry when his submarine surfaced and collided with a boat carrying Japanese tourists. What's the bottom line here? Quasay was commander of that plane and is strictly liable for its actions.
"Third commonsense principle. How can a dead man fire a missile? Quasay already admitted that he murdered Lieutenant Price. If Lieutenant Price had three bullets in his chest, who else could have fired the missile? Now, Lieutenant Perjurer Quasay claims that he shot Price after the attack on the Dome. But does that make sense? First of all, he is an admitted liar. So you can't believe anything he says anyway.
"But he also said that there was chaos in the cockpit. His own lawyer just said he panicked. In fact, I wrote down exactly what Quasay said."
Zack held up a legal pad. "He said, 'I knew the Israelis would be scrambling their F-15s, and the only thing I could think of was that we were no match for the whole Israeli Air Force.'
"Now, distinguished members, murder is a premeditated act. How can he be" -- Zack made mock quotation marks -- "thinking about getting away from the Israeli Air Force and then have the presence of mind to turn around and pump Lieutenant Price's chest with lead?
"Is that even logical?
"Or is it more logical that he murdered Lieutenant Price in the cockpit during the flight from the aircraft carrier, which gave him plenty of unencumbered room to maneuver?
"Of course that's more logical. Especially if, in his own words, 'there was chaos in the cockpit' after the missile attack and his only concern was escaping from the Israeli Air Force.
"Keep in mind, also, that a missile was fired not only from Commander Quasay's aircraft, but also from Lieutenant Alhad's. He, of course, died when an Islamic suicide bomber attacked this courtroom. Like Commander Quasay, and like the suicide bomber who killed him, Lieutenant Alhad was also Islamic.
"Now this punches a huge hole in the defense's despicable character assassination of Captain Constangy and Lieutenant Price.
"Mr. la Trec jeers and sneers over the fact that Lieutenant Price was a Christian and perhaps Captain Constangy is too. If they are believers in Jesus Christ, he insinuates that they are fanatical zealots capable of the type of mass murder that radical Islam is responsible for.
"Well, I've got some news for you, Mr. la Trec" -- Zack looked over at the Frenchman -- "you say you're a student of America. Then you should know that many of America's great military leaders, from George Washington to Stonewall Jackson to Robert E. Lee to Omar Bradley, to thousands of American boys who hallowed your beaches at Normandy with their precious blood, were Christian.
"And by the way, monsieur" -- Zack wasn't finished lecturing -- "the great philosopher you quoted in your closing argument, the guy who said, 'Greater love hath no man than he who would lay down his life for a friend' -- that philosopher, as you call him, was Jesus Christ." Zack turned his focus back to the members, now lowering his voice.
"Do we really believe, ladies and gentlemen, even if we were to consider the ludicrous notion that Bill Constangy ordered Mouse Price to launch his missile against the Dome, that he also would have taken a chance by ordering Lieutenant Pip Davis, the other naval flight officer, to do the same?
"Distinguished members, just like the two planes that smashed into the World Trade Center, these two planes acted in concert. There was a meeting of the minds between these two planes.
"Now that meeting of the minds was either between the two pilots, or between the two flight officers." Zack paused, stepped back into the center of the well, and eyed the six members sitting in the first row.
"Is it coincidental that both pilots were rescued but both flight officers are missing?
"Is it coincidental that the sidearms of both pilots were fired?
"Thankfully, Mouse Price's body was discovered." Zack stopped, turned, and gazed at the defendant, then back at the members.
"And somewhere on the wide expanse of the Syrian Desert, the decaying body of Lieutenant Pip Davis is pinned in the crumpled wreckage of a cockpit. And in that poor man's body, you would find a bullet. A bullet fired from the sidearm of Lieutenant Hosni Alhad.
"So why would a couple of Islamic pilots want to destroy one of the holiest spots in Islam?
"A fair question . . . And here's why.
"If an Islamic fundamentalist will sacrifice his own life to advance the cause of this so-called Allah, then why not sacrifice a building if doing so would advance their political agenda? If life means nothing to them, and poor Anna Kweskin's life meant nothing to them, then why should a building mean anything?
"Remember when I asked Quasay about Operation Islamic Glory? Remember the look on his face when I asked him if Islamic Glory was a secret Muslim plan to destroy the Dome and blame it on America to drive a wedge between the U.S. and moderate Muslim governments?"
There were a few head nods.
"Ask yourselves this: Did it work? Is the gap wider now between the U.S. and the Arab-Islamic world?
"Yes, it worked. Every Islamic-Arab government -- in fact, almost every government in the world -- has condemned America in the United Nations, and hundreds of thousands still pour into the streets even today as a result of this conspiracy."
Nods came from three of the members in the front row.
"There has never been a more barbaric, more savage, and more evil force to tramp across the earth than militant Islam. Hitler, Kahn, Stalin, Nero, all the nefarious faces to flash across and then fade from the stage of world history -- all these look bland in comparison to militant Islam. For the scoundrels whose names I have mentioned, as horrible and ruthless and heartless as they were, for all their atrocities and crimes against humanity, at least their inexcusable brand of evil was isolated, more or less, to one geographic region. And they were all defeated, all subdued, sooner or later gone from the face of the earth.
"But with militant Islam, there is no geographic border, no socioeconomic limit, no border of morality or decency at which this unprecedented cancer of evil will stop.
"They kidnap people, hold them hostage" -- Zack's voice cracked as the picture of Diane bound and gagged flooded his mind -- "spread their pictures to willing media outlets around the world, make their families suffer a public agony, and then these militant animals decapitate their victims' heads on television with dull axes and celebrate in the streets at the pain and spilled blood of the innocent. Age and gender provide no safe haven from their barbarism. Anna Kweskin was but a child . . . a girl . . ." Struggling to keep his voice from cracking, Zack solemnly held up the girl's picture and walked up and down the jury box. "A girl who was fulfilling her family's dream of returning to Israel." He turned and pointed at the defendant. "But militant Islam ripped her from her family, forever." He dropped his finger and turned back to the members.
"When they murdered thousands of innocent American citizens on September 11, despite the very muted and restrained obligatory condemnation from moderate Arab governments, hundreds of thousands of Islamic militants poured into Arab streets expressing wild-eyed celebration at American death and destruction.
"Remember that, ladies and gentlemen? How can we ever forget?
"And so, it is from this savage and uncivilized belief system that the defendant, Lieutenant Commander Mohammed Quasay, and his late colleague, Lieutenant Hosni Alhad, emerged." Zack paused, took a sip of water, and brought his voice to a lower pitch, slowing his cadence.
"The 'politically correct' way of thinking we have adopted over the last few decades told us that despite their religious beliefs, despite the fact that others who embraced their philosophy had already murdered thousands of innocent Americans, we told
ourselves that despite all that, Islamic pilots could be trusted to fly their missions as Americans first, sworn to uphold the Constitution of the United States and obey the lawful orders of their superior officers."
He turned and looked at Quasay, then back at the members. "In this case, we were wrong.
"Your verdict today will not win this ongoing war against terrorism. But a verdict of guilty will be a victory in a major battle. A verdict of not guilty would be a major defeat for the cause of righteous ness.
"Did their plan work?
"Yes, it worked. Now the question is, will they get away with it?
"Do your duty, ladies and gentlemen. Return with a verdict of guilty."
Zack turned and walked across the hardwood floor, his black leather shoes clicking and echoing into the far corners of the eerily silent courtroom.
"This court will be in recess."
"All rise."
CHAPTER 63
Courtroom 4
Israeli District Court
West Bank Division
The members had been out for two hours. Zack and Wendy were waiting in the attorneys' lounge, trying to relax and avoid the press, when the knock came on the door from the bailiff. For the first time in his career as a prosecutor, Zack was afraid of a guilty verdict.
But if the verdict is guilty, we will use our blood-stained knife to amputate her ears.
Ignoring more press questions, Zack and Wendy entered the packed courtroom. The defense team was already in place. A tense excitement permeated the jam-packed gallery, as evidenced by the whispers and murmurs as they walked up the corridor splitting the gallery.
"All rise!"
Judge Norgaard entered before Zack and Wendy could get to their seats.
If the members convicted Quasay, the next stage of the trial was the sentencing stage.
Zack's orders if they got to sentencing: Obtain the death penalty.
"Please be seated," Norgaard said, then turned to the bailiff. "The bailiff will bring in the members, please."
They filed in with stoic looks on their faces. No smiling, no eye contact with anyone except Captain Norgaard.
"Mr. President," Norgaard said to the senior member, "I understand the members have reached a verdict."
"We have, Your Honor."
"May I see it, please?" The bailiff took the verdict sheet from the senior member to the military judge.
"The verdict appears to be in order. Bailiff, please hand this back to the president."
But if the verdict is guilty, we will use our blood-stained knife to amputate her ears.
"The accused and counsel will rise and face the members."
Lord, please be with Diane.
"Mr. President, you may read the verdict."
"Lieutenant Commander Mohammed Quasay, United States Navy, this court finds you, on the charge of disobeying a lawful order . . .
"Guilty.
"On the charge of conduct unbecoming of an officer and a gentleman . . .
"Guilty.
"On the charge of intentionally firing into a civilian population area . . .
"Guilty.
"On the charge of first-degree murder . . ."
Zack winced. Please be with Diane.
"Guilty."
The courtroom was filled with oohs and aahs and rumbling chatter.
"Order in the court." Whap! Whap! "The court will come to order." The crowd quieted.
"The members having spoken, we will now move into the sentencing phase of the trial. Lieutenant Commander Brewer, is the government prepared for sentencing?"
But even after that, there is still hope for the beautiful lieutenant.If the defendants are spared the death penalty, then we will return the handless, earless lovely into your arms.
But if either of these pilots is condemned to die, then we will proceed to slowly slit the good lieutenant's throat.
It all should be interesting, should it not?
"We are, Your Honor." Zack prayed silently for her safety. It was time to build the case that Quasay should be executed.
"Mr. la Trec, is the defense ready for sentencing?"
"Your Honor." La Trec stood slowly. "My client and I have had a philosophical disagreement on how to proceed at this point. He has requested to address the court at this time."
Norgaard raised his eyebrow. Zack exchanged a look with Wendy.
"That's a bit out of order, Mr. la Trec. Normally at this phase of the proceeding, the government gets to go first." Norgaard looked at Zack. "Commander Brewer, do you have any objections to this request?"
Zack looked at Wendy again, who unobtrusively shrugged her shoulders.
"Your Honor, it is a bit out of order, but the defendant has already been convicted at this point. If that's what he wants to do, that's fine."
Norgaard looked at Quasay. "Lieutenant Commander Quasay, you wish to speak?"
Quasay rose slowly and looked over at Zack, then at the judge. "Your Honor, I wish to relieve my attorney at this time."
"Say it again?"
"I wish to fire my lawyer and represent myself."
This guy is out of his mind.
"And why is that?"
"Because he went against my specific instructions on how to defend my case."
"Commander, do you understand that we are beginning the portion of the proceeding where the government will seek the death penalty against you?"
"Yes, sir. I realize that. I wish to speak with Lieutenant Commander Brewer in private first, please, sir. Then, afterwards, I wish to represent myself."
Norgaard scratched his head and raised his eyebrows. He looked at Zack.
"Commander Brewer, what's the government's take on all this?"
"My concern, Your Honor, is that this may be a ploy to raise ineffective assistance of counsel as grounds for an appeal."
"Please, Commander." Quasay looked over at Zack. "I will waive my rights to an appeal if only I can speak to you privately. Please, I appeal to you as a naval officer."
Zack turned to Wendy. "You're the appellate expert," he whispered. "See any problems with talking to this guy?"
"I'd insist on having a court reporter present, and a lawyer there to represent him if he needs it."
"Okay," Zack whispered. "Your Honor, I will agree to speak with Commander Quasay on the following conditions. First, that a court reporter be present to record for the record everything that is said. And second, that an attorney, either Mr. la Trec or someone else, be present for him to consult with if needed."
"Commander Quasay, I'm inclined to agree with Lieutenant Commander Brewer. The conditions he has requested are the only circumstances under which I am inclined to grant your request. My problem is, if you're planning to fire Mr. la Trec, another attorney would have to get familiar with your case, and I'm frankly not inclined to delay your sentencing for that."
"I want her!" Quasay pointed at Jeanette L'Enfant. "She knows my case. She can go into the conference with me."
Jeanette L'Enfant's eyes widened. She pushed a strand of blond hair from her face.
"You want Miss L'Enfant with you?"
"Yes."
"Miss L'Enfant, are you willing to sit in on this conference with the defendant and Lieutenant Commander Brewer and provide any assistance the defendant needs?"
Jeanette L'Enfant glanced at la Trec, and when he gave a single nod of the head, she turned back to Norgaard. "Yes, Your Honor. I am willing. But for the record, Lieutenant Commander Quasay is proceeding against our advice."
"Very well," Norgaard said. "Commander Brewer, where would you like to set up this meeting?"
"The attorneys' lounge, Your Honor, provided we can arrange for adequate security."
"That can be arranged," Norgaard said, then turned to the bailiff. "Ensure that U.S. marines provide security for the movement of the prisoner and for the meeting itself."
"Aye, aye, Your Honor."
"Until then, this court is in recess."
"All rise."
CHAPTER 64
Attorneys' lounge
Israeli District Court
West Bank Division
Zack, Wendy, and the court reporter sat on one side of the table when the shore patrol and the marine security unit arrived with Quasay, who was in handcuffs and leg chains.
Zack stood as Quasay approached the table.
"So what did you want to talk to me about, Commander?"
"I wish to plead guilty."
"Plead guilty?" Zack looked at Wendy, then at Quasay. "You've already been convicted. We don't need your guilty plea."
"Please, Commander." Quasay's voice trembled, and his eyes were moist. "I do not wish to die."
"You don't wish to die."
"Please." A tear rolled down his cheek. "I wanted to plead guilty earlier. My lawyer would not let me."
"Is this true?" Zack asked L'Enfant.
"Yes, there was a fundamental philosophical disagreement between the commander and Mr. la Trec on how to proceed with his defense."
"So you just took the stand and lied and trashed the reputations of good naval officers who couldn't defend themselves to protect your hide."
More tears from Quasay. "Yes. I did not want to."
"Look at her." Zack slid the photo across the table. "She was nine years old, Commander. She was the apple of her father's eye. Now she's just a number without a tombstone in a nondescript Israeli cemetery. Thanks to you."
Quasay's eyes lingered on Anna Kweskin's picture. He put his hands over his face and wept.
"Commander Brewer, I almost did not do what I did. I was terribly misguided. I regret the killing and the lies. If you let me live, I will provide all the information I know about Operation Islamic Glory. That much I can do for Mouse Price and the little girl, Anna." He looked Zack in the eye. "I can be far more valuable to you alive than dead."
The proposal made sense. Maybe this was an honorable way to avoid the death penalty. And by avoiding the death penalty, maybe Diane would live! And maybe he would be more valuable alive than dead. Perhaps even a material witness in future trials against the ringleaders of the Council of Ishmael.