Word of Honor (62 page)

Corva lifted his mug. "Salute."

"Cheers." Tyson drank and put down his mug. "That's not bad. Like drinking a licorice stick."

"This is good for digestion."

-J think two fingers down my throat is what I need.

He sat on the arm of the couch. "So, have you ever faced Colonel Pierce?"

Corva nodded. "Once. At Fort Bragg. Eighty-second Airborne major.

Violation of Article 114. Dueling."

"Doing what?"

"Dueling. You know-ten paces, turn, and fire. That's been outlawed in the Army for over a hundred years. Takes a lot of fun out of garrison life.

Anyway, I tried to show the jury that my client was defending his honor as an officer and a gentleman. It was a very unusual case."

"But with the usual outcome."

"Be fair, Ben. They had this major dead to rights. He slapped a young captain who he suspected was diddling his flanc6e, then invited the captain to a clearing in the woods for a duel-forty-five automatics, no seconds to be present. "

Tyson waited. "Well?"

Corva was picking up stray pieces of the sandwich from the wrapper and putting them in his mouth. "Oh ... well, the captain showed up with six seconds-all MPs-and they dragged this major off. The captain was no fool.

Anyway, Colonel Pierce decided he wanted to prosecute this one even though dueling is not a capital offense. Even if someone

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gets killed. That's quaint. Anyway, you don't get many Article 114s."

"What's the Army coming to? I was thinking of committing an Article 114

with Captain Hodges."

"You are not allowed to bear arms. That's quaint, too. Lots of quaint customs in military life."

"Right. So, what did this chivalrous major get?"

"Well, the rounds in the forty-five were short-loaded. Not enough powder to kill anyone according to my expert witness. The major was no fool either.

Anyway, the jury loved this guy. I got him off with one year suspended and not even a separation from the service. Colonel Pierce was very upset. That was the one and only time he failed to get jail time awarded."

"He's after you, Vince."

"No, Ben, he is after you."

Tyson smiled grimly.

Corva said, "But I'm ready for the son of a bitch. " Corva seemed lost in thought for some time. He said, "So that is how the hearing will stack up Friday. Colonel Gilmer officiates, Colonel Pierce and his two cohorts listen and watch." Corva leaned forward. "Your demeanor should be one of cool detachment."

"Like the bloodless upper-middle-class WASP that I am?"

"Yes, that's right. Stay in character. " Corva reached for the Sambuca bottle, but Tyson moved it away. Tyson said, "I need this to unplug the sink."

Corva continued, "Well, anyway, there are two theories regarding how the defense ought to proceed at a hearing. One: We can go into that hearing room prepared to fight every inch of the way to get the case dropped. Or two: We can assume that they mean to indict you even if we bring in six Carmelite nuns and the Archbishop of Hue, who swear you were taking communion with them in Da Nang that day--

"Where are the six nuns and the archbishop?"

"Doesn't matter. Point is, I believe they are going to indict you based on Brandt's statement, which, by the way, Colonel Gilmer had Brandt swear to in writing. Farley's statement is also a sworn statement now. I have a copy of both. Do you want to see them?"

482 * NELSON DEMILLE

"No. But what makes you certain they are going to indict me?"

"I guess you're not following this case much."

Tyson shrugged. "If they're going to indict me anyway, do I have to show up?"

"Only in body," replied Corva. "You see, Ben, I could drag in Sadowski, Scorello, Beltran, Walker, and Kalane. And they might just make one hell of a case for you. But this guy Colonel Gilmer will say to himself, 'Why are these guys saying one thing, and Brandt and Farley are saying anotherT And he'll answer himself, 'Let's have a courtmartial to find out. Let's have a seven-person jury decide.' Or words to that effect. You see, Ben, unlike a civilian grand jury where a lot of people vote in secret, Gilmer has the only vote. And if that vote is cast to not indict, everyone will guess that was his vote because he's the only one voting. Capice?"

Tyson nodded.

"And," continued Corva, "this obscure colonel will be suddenly well known to his superiors. So let's suppose Gilmer reads all the testimony, examines the facts, and we let him talk to our witnesses, and he does recommend that no indictment be forwarded. His decision, unlike a civilian grand jury's decision, is not binding."

"Then why bother with this farce?"

"Because some years ago the Army was forced to institute a grand jury system in order to protect the rights of the accused who were subject to too many discretionary command decisions. So the Army came up with this watereddown Article 32 hearing that still lets higher commanders reverse any decision of the make-believe grand jury type of hearing. The President at that time bought the goods and signed it into law. And so far the Supreme Court has been reluctant to hear any challenges to it. You see, the federal courts try to avoid this land mine of military justice. The premier of France, after the Dreyfus case, commented, 'Military law is to law as military music is to music.' If the federal courts had legal jurisdiction over you, you would still be a civilian. I would have raised three hundred legal questions by now, and eventually I would have plea-bargained this down to a fifty-dollar fine. But that's not the

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case. You are going to sit in a room with some scared colonel who wants you out of that room as quickly as possible. If Colonel Gilmer goes home that night and prays for guidance from above, he will not be praying to God, but to General Van Arken. And even if Colonel Gilmer for some reason does not vote to indict you, then General Peters, post commander at Dix, will. And if Peters doesn't vote to indict you, it can go right up to the Secretary of the Army, then Defense, then the Commander in Chief of the Armed Forces, who happens to be a politician. But the government does not want those people to have to stick their necks out and make an unpopular decision. And I strongly suspect poor Colonel Gilmer senses that and would not want to cause anyone above him such anguish. So he will forward the indictment to General Peters, who, on the advice of his Staff Judge Advocate, will concur. General Peters will then issue orders convening a general courtmartial. "

Tyson stood and walked to the window. He watched the rain awhile. "The script is already written.,,

"No, never written. Just understood by everyone who plays. "

"I used to respect military justice."

"I still do. I told you I'd beat this in a federal court. But I'm having a hell of a time beating military justice. Point is, you are guilty. So you had better still respect it."

Tyson continued to stare out the window. "I don't like not putting up a fight, even if it's a losing fight. "

"If we put the defense witnesses on the stand, they will be subject to cross-examination. We will have prematurely revealed to Colonel Pierce our positions, our strengths and weaknesses." Corva added, "But the decision is yours."

Tyson regarded the gloomy, rain-sodden landscape. "Okay, we'll hold the witnesses for a court-martial. Will Brandt and Farley testify for the prosecution?"

"Colonel Pierce will not call them for the same reasons I won't call our troops. Colonel Gilmer will consider their sworn statements. I do have a lot of questions for Brandt and Farley, but I'll have to ask them in front of a courtmartial board."

"What sort of questions?"

484 * NELSON DEMILLE

"Well, I'm glad you asked. Maybe you can answer a few of them ahead of time."

Tyson turned from the window.

"You see, Ben, there is one way of convincing Colonel Gilmer that he doesn't have to forward an indictment. And if his reasons are sound, the chain of command will concur, and you will be free."

Tyson said nothing.

Corva fixed his eyes on Tyson's and asked, "Is there something you can prove, either through Army records or through witnesses, that would show Colonel Gilmer and everyone that you and Brandt were enemies?"

Tyson stayed silent a moment, then replied, "No."

Corva continued staring at him. "Why does Brandt hate you?"

"I didn't say he did."

"Do you hate him? I don't mean because of this. I mean because of something that happened over there?"

Tyson considered the question. He replied, "No, I don't hate him. I personally despise him. He was morally corrupt. "

"Will the accused expand on that?"

"Not at this time."

"Can I tell you what Sadowski said to me? What he hinted to Harper and what she mentioned in her report?"

"What did Sadowski say?"

"He said you once beat the shit out of Brandt in front of the whole platoon. You kicked him and punched him repeatedly in the face. Then you threw him into a flooded rice paddy and wouldn't let him out until he was covered with leeches." Corva stared at Tyson. "He was half hysterical from the leeches, crying and begging you to let him come onto the dike."

Tyson lit a cigarette and exhaled a long stream of smoke. "I seem to remember something like that."

"What in the name of God would prompt an American Army officer to beat and humiliate one of his own men? A medic, of all people."

"I guess I was having a bad day."

"Don't be facetious, Ben."

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"Oh, look, Vince, you don't want to hear it. It's a war story. "

"I'll listen to this war story."

"Some other time. It's not pertinent."

"Not pertinent? It's very pertinent to why Brandt has come forward and told this story."

"It doesn't change the story. Or the facts."

"I'm not interested infacts! I'm only interested in showing that Brandt, in his hate for you and his desire for revenge, is not a credible witness."

Tyson replied evenly, "Brandt is a respected doctor. And he has a corroborating witness. "

"What does Farley have against you?"

"I'm not sure."

"Why did Brandt know to tell Andrew Picard that Farley was the one who would back up his story? He didn't give Picard any other names. Only Farley."

Tyson shook his head. "Maybe Farley was the only one whose whereabouts he knew. Maybe they kept up their wartime acquaintance."

"A medical doctor and a strung-out paraplegic junkie? I doubt that. Were they good friends over there?"

"Not that I recall."

Corva sat. "This is like pulling teeth. You are not going to tell me what motivates Brandt and Farley, though I think you know."

"Maybe later, Vince, if it gets down to that."

Corva snapped his briefcase shut. "Okay. So Friday it will be you and I and Colonel Gilmer and the prosecution team, a court reporter, and no witnesses for the defense or prosecution. Also, there will be two other people present."

"Who?"

"Karen Harper, for one. She is in an advisory capacity to Colonel Gilmer."

Tyson didn't respond.

"Also, Colonel Gilmer has subpoenaed Andrew Picard.

"Picard?"

"Yes. Not for the defense or prosecution, but as Gilmer's own witness."

"What does Gilmer want Picard to testify about?"

486 * NELSON DEMILLE

"Well, apparently Mr. Picard told Karen Harper a few things that didn't appear in his book or in subsequent interviews, and Gilmer feels that oral testimony is the best way to discover more about those things." Corva added, "You had a chat with Picard yourself."

" Yes. I I

"Was it pleasant?"

"it was revealing."

"Will he help us or hurt us on the stand?"

Tyson replied, "We actually hit it off all right. But you know how writers are. They think they have a special relationship to the truth. I'm sure even Wally Jones believes that, or he'd have gone to court to have himself legally declared a cockroach."

Corva said, "Things are so rigged against us, Picard's testimony can't hurt. I don't want an eyewitness up there who can be cross-examined. Bui I'll take a chance with Picard and not raise any objections to his testifying. It should be interesting if not enlightening.

"Could be."

Corva went to the closet and got his raincoat. "I'll speak to you tomorrow.

If you recall why Brandt would like to see you in Leavenworth, please let me know."

"I'll think about it. What amazes me is why you and Harper don't just accept the most logical explanation for Brandt's actions. He was tired of living with the damned thing. "

"Did he participate in the incident?"

"No. No, he didn't. But like me, he was a little ahead of the rest of the boys in education and maturity. And he was not infantry like the rest of us. He was trained as a healer. So he was particularly sensitive and upset.

And now he wants to do the honorable thing. He wants justice."

Corva nodded thoughtfully. "That is what he will say, won't he?"

"Yes, that is what he will say. He will also say he respected me and I respected his work and having to testify against me is the toughest thing he has ever done in his life and he feels very badly for me and wishes it didn't have to be this way. But it's best for everyone if the truth is finally told. And so forth."

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Corva buttoned his raincoat. "But deep down he hates your guts so bad that when he thinks about you he can ' taste the bile in his mouth. He has wished you dead a thousand times, and at the Strawberry Patch, he did something . . .

something ... and in the last twenty years, he has fanta sized about smashing your face with a rifle butt or throwing you in a tank full of leeches. Right?"

"Most probably."

"And one day . . . he sees this inquiry in the locator section of the First Cav newspaper and takes it as a sign. He throws caution to the wind, doesn't consider the ultimate consequences to himself if this comes to light, because his judgment is completely obscured by hate. And he spills his guts to Andrew Picard. And I'll bet by now he feels very ambivalent about what he did. It got a little bigger than he thought. He's ecstatic, of course, to see you being crucified, but he realizes there is some danger to himself as well. Right, Ben? He was an accomplice to this cover-up too.