Word of Honor (66 page)

Gilmer finished reading the second specification and said, "Lieutenant Tyson, I will now show you the charge and specifications. "

Karen Harper stood and walked across the polished floor. She stopped in front of Tyson and presented him with the charge sheet. Tyson took it with his outstretched hand as he turned to Corva and said loud enough for everyone to hear, "Don't we have one of these?"

Corva said, "You can always use an extra one."

The court reporter giggled, and Gilmer looked annoyed. Harper, too, seemed annoyed and gave Tyson a look to show it before she turned and went back to her chair.

Gilmer let a full minute pass, during which time Tyson was supposed to read the charge sheet to himself. Instead, he looked at Captain Salvatore Longo.

He was young, perhaps in his late twenties, and probably not too long out of law school. His uniform seemed perfectly tailored, and his curly blue-black hair was perfectly styled. His skin was deeply tanned in the way that Tyson had seen only on people who did a lot of boating. Tyson didn't think he was handsome, but he had no doubt Captain Longo had no trouble with women.

Colonel Gilmer again referred to something hidden behind the podium and said, "Lieutenant Tyson, I advise you that you do not have to make any statement regarding the offense of which you are accused and that any statement you do make may be used as evidence against you in a trial by court-martial. You have the right to remain silent concerning the offenses with which you are charged. You may, however, make a statement either sworn or unsworn and present anything you may desire, either in defense, extenuation, or mitigation. If you do make a statement, whatever WORD OF HONOR * 513

you say will be considered and weighed as evidence by me just as is the testimony of other witnesses." Colonel Gilmer poured himself a glass of water.

Corva said into Tyson's ear, "What are the first five words a black guy hears after he puts on a three-piece suit?"

"What?"

"Will the defendant please rise?"

Tyson put his hand over his mouth. "Cut it out."

Gilmer was looking at the defense table with impatience. He said,

"Lieutenant Tyson, do I have your attention?"

"Yes, sir."

"Good. Your defense attorney, Mr. Corva, and the govemment attorneys, Colonel Pierce, Major Weinroth, and Captain Longo, have previously been given a copy of the investigation file which has thus far been compiled in your case. It contains the sworn statements of Dr. Steven Brandt--Corva stood. "Objection, sir."

Colonel Gilmer's eyebrows rose quizzically. "What is your objection, Mr.

Corva?"

"My objection is to the use of the title 'Doctor' in regard to Steven Brandt. "

" Isn't . . . Steven Brandt a medical doctor?"

"He may well be, Colonel. That has no bearing on this case. At the time of the alleged incident, nearly twenty years ago, Steven Brandt was a specialist four. If we have frozen my client's rank as lieutenant, then we can freeze Brandt's rank as well. Or we may call him 'Mister' in these and any subsequent proceedings. I think you see my point. "

Colonel Gilmer seemed to be trying to see the point.

Colonel Pierce rose. "Mr. Corva ... is that all right? Mister Corva? Or would you prefer Signore?"

Wienroth and Longo laughed.

Corva replied, "You can call me Vince, Graham."

The court stenographer giggled again.

Gilmer looked as though he wanted to bang a gavel, but he had no gavel. He said, "There is a certain informality at an Article 32 hearing, but let's not overdo it, gentlemen. Colonel Pierce? Your point?"

"My point, Colonel, is that Mr. Corva's point is pointless and petty. If he's suggesting that the use of Steven Brandt's

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title is somehow prejudicial to his client, then I suggest he's too infatuated with medical doctors. 1, for instance, might think medical doctors are arrogant, insensitive, and avaricious. "

Gilmer turned to Corva.

Corva said, "I wonder if Colonel Pierce would repeat that in the presence of his star witness?"

This time Gilmer smiled. Karen Harper stood and came up beside him. They conferred in low tones. Colonel Gilmer said, "Major Harper informs me that Lieutenant Tyson made this point to her before he was represented by Mr.

Corva. So we'll assume the accused has a real objection to the use of Steven Brandt's title in these proceedings, and I can appreciate his point.

Therefore, from here on we will all use the term 'Mister' in referring to Steven Brandt. The issue is closed. "

Colonel Gilmer began again. "The investigation file contains the sworn statements of Mr. Steven Brandt, Mr. Richard Farley, Mr. Paul Sadowski, Mr.

Anthony Scorello, Mr. Hernando Beltran, Mr. Lee Walker, and Mr. Louis Kalane. The file also contains the unsworn statement of Mr. Andrew Picard.

There is also in the file relevant documents, letters, and other incidental materials too numerous to identify individually. " Gilmer looked at Corva.

"Do you agree?"

"Yes, Sir. "

Gilmer continued, "I do not intend to call as witnesses Mr. Brandt or Mr.

Farley, but intend rather to consider their sworn statements as contained in the file, in reaching my recommendation. " Gilmer addressed Tyson and Corva. "Even though I do not intend to call Mr. Brandt or Mr. Farley, whose sworn statements I intend to consider in arriving at my recommendation, it is your right to have an opportunity to cross-examine the witnesses on matters limited to their written statements, if those witnesses are available. If you wish, I will arrange an appearance of those witnesses for that purpose. Do you want me to call Mr. Brandt and/or Mr. Farley as witnesses?"

Corva conferred with Tyson. "We could ask for them to be present, but that might take a week."

Tyson said, "I thought the prosecution.was supposed to call prosecution witnesses."

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"No, Gilmer slipped on his DA hat. Didn't you see that? He calls prosecution witnesses or doesn't call them. Of course he confers privately with the prosecution first."

Tyson said, "I keep looking at that American flag there just to be sure."

Corva smiled. "I thought I'd let you see a little of this so you can reconsider our strategy if you want. A few minutes ago Gilmer told you that you could present evidence in extenuation or mitigation. Did you catch that?"

"Yes. That's like assuming I'm already guilty, and would I like to make excuses for what I did."

"That's about the size of it. I'm glad you're paying attention. Also, if I call Brandt or Farley I can only crossexamine them based on what is contained in their written statements. At a court-martial I can get into the real issues. "

Tyson nodded. "I don't want to delay this a week. Let's get on with it."

Corva stood. "Sir, for the record we do not accept the sworn statements of Mr. Brandt or Mr. Farley in lieu of their presence. However, we will waive our right to crossexamine them for the purposes of this hearing."

Colonel Gilmer addressed Karen Harper. "Mark Mr. Corva's statement as an exhibit under item 6A. " He turned to Corva. "I may consider your statement in arriving at my recommendation. "

"I hope, Colonel, you will also consider that the nature and seriousness of these charges is such that one would have expected you to call the government witnesses or have them present for cross-examination. It is most unusual to consider written statements alone in a case such as this."

Gilmer's face reddened slightly. "Well, then, do you want to call them for cross-examination or not?"

"No, sir. I think you should have called them so you could have examined them here in the presence of the accused. But if the written statements are cogent enough for you to consider how to proceed with an indictment for murder, then so be it. I only wish to register my utter amazement for the record."

Gilmer glared at Corva.

Pierce stood. "If it please the Colonel, I would like to 516 * NELSON DEMILLE

register my own amazement that the counsel for the defense is questioning you on matters that are no concern of his."

Corva smiled at Pierce. "And no concern of yours. The colonel can take care of himself."

Tyson sat back in his chair. He was actually enjoying himself even if no one else was. He glanced at the court reporter and saw she was having fun too. She looked up from her machine and caught his eye. She smiled.

Colonel Gilmer tapped his fingers on the podium. "Will you both please take your seats?" He looked at Corva and said bluntly, "Do you want Brandt and Farley here? Yes or no?"

"No, Sir."

Tyson leaned toward Corva. "Why are you busting everyone's balls?"

Corva was staring across the room at Pierce, and he replied without taking his eyes off Pierce, "I want to let Pierce know Vinnie Corva is back in town. As for busting Gilmer's balls, I want him to know we are not sitting still for any of this; that if there is to be a general court-martial, the counsel for the defense is going to attack the very form and substance of Army justice. That may give the people upstairs some second thoughts about a public trial."

Tyson said, "Can I smoke?"

"Why not? Gilmer and Pierce are blowing smoke."

Tyson produced the long fat cigar Beltran gave him and lit it. Great billows of blue-gray smoke rose in the air.

Gilmer regarded Tyson a moment, apparently trying to decide if he should tell Tyson to put it out. Gilmer let it go with a look of annoyance. He continued with the procedural manual. "Lieutenant Tyson, you also have the right to call available witnesses for my examination and to produce other evidence in your behalf. I have arranged for the appearance of those witnesses previously requested by you. If you desire additional witnesses, I will help to arrange for their appearance or for the production of any available evidence relating to your case."

Tyson noticed that Major Weinroth had a folder in her hand and was fanning the smoke away from her face. She stood. "Colonel Gilmer, may I request that there be no smoking allowed in here?"

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Gilmer looked at Tyson. "Do you need that cigar, Lieutenant?"

Tyson stood. "I'm afraid so, sir."

"Well, let's take a ten-minute break then. Smoking in the corridor."

Tyson and Corva walked into the corridor, followed closely by Major Weinroth, who hurried off toward the rest rooms. Corva said, "That was insensitive of you."

"You said I could smoke."

"I thought you smoked little cigarettes."

"Beltran gave this to me. So how are we doing, Vince?"

"Not too bad. Gilmer is pissed off, and I even got to Pierce a little."

"That's swell, Vince. Do you want to see now if you can get me free?"

"First things first."

The door of the hearing room opened, and Karen Harper came out. She hesitated, then walked up to them. "Hello, Mr. Corva, Lieutenant Tyson."

Tyson said, "Aren't you sick of this case?"

She didn't reply but said, "Are you both quite pleased with yourselves?"

Corva answered, "Oh, really, Major, farcical proceedings call for farcical behavior."

"This is a very serious matter and . . . I think you are doing your c I ient a disservice."

"Let me worry about my client. Your relationship with him is terminated."

Tyson's eyebrows rose.

She turned to him, and they looked at each other awhile. She said finally,

"I insisted that Andrew Picard testify today. I hope my insistence helps clear up this matter."

Tyson dropped his cigar to the floor and ground it out with his heel.

"Sometimes I think that you're the only one who wants the whole truth and nothing but the truth."

"I'm not sure that's true either. But if it is, then everyone else is wrong. Also, if you decide to take the stand yourself today, you might want to clear up the matter of how Larry Cane died."

Tyson drew a deep but discreet breath. "I told you how Larry Cane died."

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"Well, think about it." She turned and walked toward the rest rooms.

Pierce came into the corridor, turned down the hall, stopped, and walked back. He stood in front of Corva, and Tyson saw he had at least a head on Corva and about sixty pounds. Pierce smiled unpleasantly. "You see, what I forgot to establish is at how many paces the major intended to conduct the duel. After the trial I learned that within ten paces those bullets would have killed, and therefore, the weapons to be used were deadly weapons. Your analogy about dueling with ripe tomatoes impressed the board, but it was faulty. "

"I suppose it was, Colonel, now that you bring up the question of distance. How forgetful of me."

"No, Mr. Corva, it was forgetful of me. But I'll be more attentive to omissions on your part this time."

"I'm sure you've learned something useful from that case. "

Colonel Pierce gave Corva a look that was not friendly. He fixed his eyes on Tyson a moment, smiled at some secret delight, turned, and walked down the corridor.

Corva watched him go. "Very obsessed man. He ought to watch his blood pressure. "

"What is he obsessed with, Vince?"

"Unlike Van Arken, who may be an idealist, Colonel Pierce is an egotist.

He has the temperament of a star tennis player. If he ever lost a case, he'd be impotent for months.

"Well, that would be tough on Mrs. Pierce."

"Probably not. Point is, prosecuting is an individual sport, and if he lost he'd have no one to blame but himself. But he picks and chooses his cases carefully. None of them are cakewalks, but he doesn't pick cases that he thinks are too weak to win either."

"Not like you, Vince."

"No. I I

"Burhe picked my case and picked it probably at a time after he knew you were the defense counsel. I thought you scared him off last time."

Corva smiled and looked at his watch. "Let's go back in. And stop ogling that little court reporter. Harper is annoyed at you. "

They entered the hearing room and took their seats. Within WORD OF HONOR * 519

a minute, Karen Harper, Major Weinroth, and Colonel Pierce returned and took their places.