Word of Honor (69 page)

"All right." She asked, "Did Sister Teresa tell you how Lieutenant Tyson saved or spared her?"

"No. You must understand that we had not only a language problem, but also I was rather ill and not in the best of form. I often wish I had another chance to conduct that interview. "

Karen Harper observed, "So do we all." She drew a breath and said, "I have no further questions."

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Colonel Gilmer addressed Colonel Pierce. "Does the government wish to cross-examine the witness?"

Colonel Pierce seemed unprepared for the question. He conferred with his assistants, then stood and said, "We have no questions. "

Colonel Gilmer turned to Corva. "Does the defense wish to cross-examine the witness?"

Corva stood. "I have one question for Mr. Picard." He looked at Picard.

"You were not an eyewitness to the events in question, and therefore neither the defense nor the prosecution has seen fit to claim you as their own witness. But you are the only link to Sister Teresa. I ask you this: Did the story you heard from Sister Teresa coincide with the story you heard from Steven Brandt in respect to the role of the accused in the hospital incident?"

"No, it did not."

"Thank you." He looked at Karen Harper. "I have no further questions."

Karen Harper said to Colonel Gilmer, "I have no further questions. "

Gilmer said to Pierce, "Do you wish a recross?"

"No, I don't."

Colonel Gilmer said to Andrew Picard, "The witness is excused. "

Picard stood and walked to the defense table. He said to Tyson in a soft voice, "You're a little old to be dressed like that, aren't you?"

"Tell it to the Army."

Picard smiled, "Luck." He walked toward the door held open by Sergeant Lester and left.

Colonel Gilmer drank from a glass of water. Karen Harper returned to her table. The room was still.

Corva said into Tyson's ear, "Why did the monkey fall out of the tree?"

"Why?' I

"He was dead."

Tyson drew a deep breath. "I don't need any more jollying. "

Colonel Gilmer addressed Tyson. "Lieutenant, will you please rise?"

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Tyson stood.

"Lieutenant Tyson, earlier in this investigation, I advised you of your rights to make a statement or to remain silent. Do you want me to repeat this advice?"

Tyson said, "It is my understanding that if I make an unsworn statement, I may only be cross-examined on what I've said and not about other matters pertaining to this case."

"That's substantially correct. Do you desire to make a statement in any form?"

Corva stood. "No, Sir."

Tyson said, "Yes, Sir. I intend it to be unswom, so I'll just make it from here, and I'll keep it short. Now that I understand all about making statements in extenuation and mitigation without incriminating myself, I'd like to make one. I want to say to you, Colonel Gilmer, that I am quite prepared to face a court-martial board in order to clear myself if you believe these charges can be disposed of in no other way. But if you choose not to forward these charges to a general court-martial, then I think you must recommend a way for the Army to publicly restore my reputation and my honor. The dropping of charges will not be sufficient to undo what has been done." Tyson sat.

Corva whispered to him, "I don't think that asking for a public apology will endear you to the Army or to General Van Arken. I think they would rather court-martial you, which is what you seem to want."

Tyson replied, "This court-martial is eighteen years overdue. "

Colonel Gilmer turned toward the prosecution table. "Do you wish to cross-examine Lieutenant Tyson on anything he said?"

Colonel Pierce replied, "No, I do not, but I can't let that statement pass without comment." He looked at Tyson. "Contrary to what you said, the dropping of charges is all that the Army has to do to restore your honor and reputation in the eyes of the Army. If you have problems in civilian life that is no concern of the Army."

Tyson stood again, but Corva pulled him into his seat.

Colonel Gilmer looked at Corva. "Does the defense have anything further to offer?"

"No, Sir, it does not."

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Colonel Gilmer glanced at his watch, cleared his throat, and said, "The purpose of this investigation was to determine if there was any substance to the charge and specifications initiated against the accused and to determine if that charge and those specifications were in proper form.

The recommendation of this investigation is advisory only and is in no way binding upon the authorities who ordered it. "

Gilmer referred to a sheet of paper. "in arriving at my conclusions, I will consider not only the nature of the offense and the evidence in this case, but likewise the military service record of the accused and the established policy that trial by general court-martial should be resorted to only when the charges can be disposed of in no other manner consistent with military discipline."

Colonel Farnley Gilmer looked around the quiet room. "My report and my recommendation will be forwarded to the authorities who ordered this investigation. A copy will be forwarded to the accused. These proceedings are closed. "

Benjamin Tyson began the last leg of his run,

across the large

41 lay behind the post

headquarters.

The field was

shrouded in a late Sep

tember evening ground

fog that obscured all

but the lights of the

surrounding buildings.

Tyson moved at a slow pace through the clinging fog, realizing he'd lost his way in the disorienting white haziness.

He saw the tall white flagpole rising like a ship's mast above the vapor and altered his course, passing to the left of the pole. He crossed a concrete sidewalk and found himself on Lee Avenue. He slowed his pace and turned toward post headquarters.

An MP Jeep drew up beside him, and the man in the passenger seat called out, "You still at it, Lieutenant?"

536

WORD OF HONOR 0 537

Tyson recognized the voice. He turned his head toward the Jeep, which was keeping pace with him. "This wouldn't do you any harm either, Captain."

Captain Gallagher grunted. He called out, "As long as you're heading that way, why don't you sign in at HQ? It's nearly twenty-one hundred."

Tyson didn't answer. He changed his speed a few times, making the driver brake and accelerate to keep abreast.

Captain Gallagher added, "Then it's back to your room, sonny. No kidding.

You've been making us look bad, and we're cracking down on your all-night runs."

Again Tyson didn't answer.

Gallagher inquired in a sarcastic tone, "Doesn't your wife miss you?"

"Go fuck yourself."

"Watch it, Lieutenant. I'll haul your ass in." He added in a conciliatory tone, "I'm trying to be helpful."

Tyson said to the MP captain, "There must be a felony in progress somewhere, Captain. Why don't you go find it like a good flatfoot?"

Captain Gallagher said something to the driver, and the Jeep sped away.

Tyson slowed to a walk and turned up the path of the headquarters building. He wiped the sweat from his eyes and shouldered the glass door open.

The duty sergeant behind the ticket window was Sergeant Lester of recent Article 32 fame.

The young buck sergeant looked up from his desk in the small duty room.

"Hey, Lieutenant, how you doing?"

"Not bad, for a pack-a-day man."

Lester laughed and stood. "You here to sign in?"

"No, Sergeant, I'm looking for my dog."

"No dogs allowed on base."

"That's what I told him. Where's the book?"

"Oh . . . yeah ... yes, sir. Colonel Levin has it. He's upstairs, and wants you to report to him."

"is that like him wanting to see me?"

"Same shit. Only you got to do the hand jive. " Lester whipped off a snappy salute and laughed.

Tyson took the steps three at a time, shadowboxed down 538 0 NELSON DEMILLE

the corridor to the amusement of two female clerks, and entered the adjutant's outer office. He walked to Colonel Levin's door and knocked sharply.

"Come in," called Levin.

Tyson opened the door, stepped to his desk, and saluted.

Sir, Lieutenant Tyson reports."

Levin returned the salute. "Sit down. You look bushed.

"Yes, sir." Tyson sat in a chair facing the desk. The room was in almost complete darkness, lit only by a gooseneck desk lamp that illuminated the papers in front of Levin but left his face in shadow.

Levin spoke from the shadows. "You've missed a good number of sign-ins."

"Yes, Sir."

Levin observed, "You were running again."

"Yes, Sir. Practicing for my escape."

Levin laughed. He stood and went to a file cabinet, returning with a bottle of premixed Manhattans and two water tumblers. He poured two drinks and handed one to Tyson.

Tyson put his drink on the edge of the colonel's desk. He regarded Levin's hands in the pool of light. The fingers of his left hand were nicotine-stained. Tyson waited, then broke the silence himself. "Working late?"

"Yes, tomorrow is a holiday. Yom Kippur. The day of atonement. I want to finish up by noon tomorrow."

"Right. My son has the day off from school."

"How are things going at home?"

"As well as can be expected. Child care and child amusement are a bit of a problem."

"I know. I have three sons. But they're grown now."

"Career Army?" Tyson smiled.

"No, no. They saw too much of it. It's very tough on family life. I had three hardship tours. One was for a year and a half in Korea. It takes a special woman to be an Army wife. It takes a lot of trust, too, when people are separated for that length of time."

Tyson wondered if there was supposed to be a message there for him. He drank some of the warm Manhattan.

Levin observed, "Autumn is here. I used to like the season, but as I get older, it's the spring and summer that I look forward to. 'Now it is autumn and the falling fruit

WORD OF HONOR * 539

and the long journey toward oblivionhave you built your ship of death, oh have youT "

Tyson finished his drink. "is that a direct question?"

"No, that was D. 14. Lawrence. " Levin picked a half cigar from the ashtray and lit it, his match briefly illuminating his face. Billows of smoke disappeared into the dark. Levin said, "What angers me is that the Army doesn't really want a trial. They feel obligated in some way to the press, the White House, the Congress who approves their budgets, the Army and Defense secretaries, and even their own legal branch. "

Tyson unwrapped a piece of foil in which he kept a cigarette and a pack of matches. He lit the cigarette without permission. "There's something obscene about carrying a cigarette in your jogging suit."

Levin seemed not to hear, intent on his own thoughts. "if this case had come to light eighteen years ago, while you were still on active duty, the Army would have a dozen options open to them and to you. But ironically the passage of time has worked against you." He added, "The options are limited to indicting or not indicting for murder."

Tyson stubbed out his unsmoked cigarette in Levin's ashtray. "I gave them the option of a public apology."

Levin smiled weakly. "The Army does not accept apologies from its officers and men, so I don't think you can expect to receive one."

."Quaint custom."

Levin said, "I have some business to conduct with you." He lifted a manila envelope from the right-hand drawer and laid it on the desk, then drew a sheaf of legal-size paper ftom the envelope and said, "The courier from Fort Dix arrived awhile ago. This --he handed Tyson a printed form with typed papers Attached-"is your copy of the Investigating Officer's Report. If you go to the bottom of page three, item seventeen, you will see that Colonel Gilmer recommended trial by general court-martial."

Tyson put the papers on Levin's desk without looking at them.

Levin continued, "General Peters, on the advice of his Staff Judge Advocate, agreed with the recommendation. Here"--he handed Tyson a single sheet of typed paper-540 a NELSON DEMILLE

"is your copy of the orders convening a general courtmartial. "

Tyson held the paper near the lamp and read the short document: From: Major General George Peters, Post Commander, Fort Dix, New Jersey.

A general court-martial is hereby convened. It may proceed at Fort Hamilton, Brooklyn, New York, on 15 October, to try such persons as may be properly brought before it. The Court will be constituted as follows: Military Judge: Colonel Walter Sproule.

Members of the board: Colonel Amos Moore, Lieutenant Colonel Stanley Laski, Lieutenant Colonel Eugene McGregor, Major Donald Bauer, Major Virginia Sindel, Captain Herbert Morelli, Lieutenant James Davis.

Trial counsel: Colonel Graham Pierce, Major Judith Weinroth, Captain Salvatore Longo.

Defense counsel: Vincent Corva.

[Signed] George Peters, Major General, United States Army.

Tyson placed the sheet of paper atop the others. He looked at Levin awhile, then inquired, "Who do you think is the person who may be properly brought before this court-martial?"

Levin replied, "You may ask for a postponement. Speak to your lawyer."

Tyson shook his head. "October 15th sounds fine."

Colonel Levin handed Tyson a printed legal form. "The charge sheet. "

"I have several of these. Do I need another?"

Levin explained, "As you can see, at each stage of the process, more boxes are checked, more lines filled in. This is signed by Colonel Pierce now, and he will formally serve you with a copy of this tomorrow at a time and place to be arranged. You may have your lawyer present, but it's not necessary. "

Tyson placed the charge sheet on Levin's desk. "So that's it? Indicted, charged, and ready to be tried. All tidied up. I know that justice delayed is justice denied, but as Corva said, the JAG Corps ought to wear his old Jungle Lightning patch. "