Word of Honor (71 page)

The wooden pulpit had been moved from its usual place and was now standing on a higher platform in front of the closed drapes, to be used, he assumed, as the military judge's bench. To the left of the pulpit was an American flag on a stand. And, hung on the paneled wall above the flag, where 552 - NELSON DEMILLE

a religious tapestry usually hung, was the prescribed photograph of the President, flanked by photographs of the Secretary of the Army and the Secretary of Defense. But why anyone present cared in the least what the chain of command was, was anyone's guess. Tyson supposed that every institution needed its symbols, and the symbols of Army justice were less intrusive than those of the institution that normally used the premises.

To the right of the military judge, as he faced the pulpit, was a witness chair as in a civilian courtroom. To the left front of the pulpit was the court reporter's desk, also as in a civilian court.

Tyson turned to his fight. Toward the edge of the raised platform, near the communion rail, was the prosecution desk, its chairs arranged with their backs to the pews, facing the judge's bench, or pulpit. Sitting at the desk were Colonel Pierce, Major Weinroth, and Captain Longo. Their table was covered with paperwork, whereas Corva had not yet opened his briefcase.

Corva checked the desk microphone to be certain it was off, then said to Tyson, "Looks like more than a hundred to me."

"I haven't looked yet." He turned his head to the right and looked into the nave. The pews, which he'd never seen more than half full for services, were completely occupied now, and there were people standing in the aisles. "Somebody must be counterfeiting tickets."

Tyson heard a subdued, almost somber murmur from the assembled court spectators. They'd come to see a play, but they behaved as though they were in church.

Tyson looked over the pews, above the front doors where the choir loft hung, running the width of the nave. At the rear of the loft were three slender lancet windows of stained glass that let diffused light into the dark loft. Corva had told him that the loft was reserved for General William Van Arken and his staff, other Army and government VIPs, including the Fort Dix post commander General Peters and a few local politicians and security people. By the light of the windows, Tyson saw figures moving around the loft. No doubt his old pal Chet Brown was up there too. He said aloud, "The night gallery."

WORD OF HONOR * 553

Corva followed his gaze. "No one is supposed to know they are there. That might be construed as command influence. "

"I saw the secret staff cars outside with flags and stars."

"Right. "

Tyson looked along the walls of the nave. There were four tall stained-glass windows in each of the walls, and the morning sun poured through the south windows, casting a multi-hued luminescence over the pews.

The depictions on the windows were somewhat abstract, designed like the rest of the chapel to satisfy all Christians and Jews, but ultimately satisfying no one. Most of the windows had patriotic or military themes, in red, white, and blue. Two windows had Old Testament motifs.

Tyson finally looked into the pews themselves. About three-fourths of the spectators were uniformed men and women. A whole block of pews had been reserved for a group of JAG students from Charlottesville. The civilian-attired people seemed to be middle-aged and well dressed. The type of people one saw at Wednesday matinees.

Marcy had made the arrangements for the Tysons' friends and family to be present, and she had handled the challenge in a way that only a public relations person could. Most of the people he knew seemed to be seated in the left front rows, including John and Phyllis McCormick sitting with a few other people from Garden City.

Conspicuous by their height were Messrs. Kimura, Nakagawa, and Saito. Tyson had to look twice to be sure it was them. He knew he should be amazed, but nothing amazed him anymore. With the gentlemen from Japan was his former secretary, Miss Beale, looking like she'd lost some weight and found a decent dress shop.

He spotted Andrew Picard, who had somehow made the acquaintance of Phil and Janet Sloan and was chatting with them.

He saw Paul Stein, in whose apartment he had sojoumed too briefly. He spotted Colonel Levin and a woman he took to be Mrs. Levin. They were sitting with Tyson's boss of short duration, Dr. Russell. He saw Captain Hodges, who was looking at his watch. Tyson wondered who was running the post.

554 * NELSON DEMILLE

He kept scanning the pews looking for Karen Harper and finally saw her sitting in the last row. Beside her was a good-looking man in officer's uniform, speaking to her in a way that led Tyson to believe they were more than professional acquaintances. In fact, he thought, that was probably the man that Brown had mentioned-Colonel Eric Willets. Tyson somehow suspected that Colonel Willets would like to see him draw a life term, and he was there to witness it, if it happened.

Tyson had received a letter a few days before, a letter of support and sympathy from Emily Browder, Captain Roy Browder's widow. And she was out there in the pews somewhere, though there was no way for him to know who she was.

In the front left pew he saw his mother talking with the Reverend Syms, his minister and her former minister. It looked as if they were gossiping about the congregation, which was the only reason his mother used to speak to the man.

To his mother's fight were his sisters, Laurie, June, and Carol, without their husbands. And to his sisters' fight were Marcy and David. Marcy caught his eye, smiled, and blew a kiss. Tyson contrived a smile in return. He turned to Corva. "Is your wife here?"

"No. I get nervous when she's in the spectator benches."

"Really? Should I be nervous that everyone I know, including my sixth-grade teacher, is out there?"

"Not at all," Corva assured him. "You don't have much to say. Just watch me make a fool of myself. "

Tyson looked at the fight front pews, which had been reserved for the media. You could always tell the members of the press, he thought; they looked like reluctant refugees from the sixties.

Corva poured water from a glass pitcher into two paper cups.

Tyson noticed a metal ashtray and lit a cigarette.

Corva said, "You ought to quit, you know."

"Let's see first if I'm going to be shot."

"Makes sense." Corva took some papers from his briefcase and began laying them out on the table.

Tyson looked down at a copy of the charge sheet and.

WORD OF HONOR 0 555

read: Jean Monteau, Evan Dougal, Bernhard Rueger, Marie Broi, Sister Monique, Sister Aimee, Sister Noelle, Pierre Galante, Henri Taine, Maarten Lubbers, Brother Donatus, Sister Juliette, Susanne Dougal, Linda Dougal.

Tyson did not think he was a man with any mystical leanings, yet somehow he felt the presence of the dead in this quasi-chapel, the presence of Captain Browder, the dead of Alpha Company, and the dead of Mis6ricorde Hospital.

Tyson looked at Corva. He thought his lawyer seemed a little anxious, which was understandable. But the bottom line was that if Corva lost the case, Corva was not going to jail. Tyson said, "I think I got the joke about the ziti and the shells."

Corva smiled. He laid a row of pencils beside a yellow pad. He said, "An oddity of the court-martial procedure, as you'll see, is that the prosecution performs some procedural functions that would be done by the judge at a civilian trial." Corva glanced at Pierce. "That bastard tried to confuse me on procedural matters in that dueling case. Most military lawyers will give the civilian defense lawyers a little slack on military procedures. But Pierce plays it tough. "

Tyson said, "He's playing to a lot of civilians this time, and to the press. That might throw him off-balance. "

Corva nodded. "I think it might. See how his hands are shaking?"

Tyson looked at Pierce closely, but all he could see was a picture of composure. "No." Tyson drew a deep breath and stubbed out his cigarette.

The spectators seemed to be getting restless. The door in the wing of the altar area opened, and a man in uniform strode across the red carpet. An expectant hush fell over the pews. Then the man, a middleaged sergeant, took his seat at the court reporter's desk. After everyone was satisfied that his appearance did not augur anything important, the talking began again.

Tyson commented, "Typical military. Hurry up and wait. Right, Vince?"

"Right. I I

The side door to the corridor opened again, and an MP stood at attention beside it. The MP, Tyson noticed, was unarmed, no doubt so as not to give the civilians or the

556 * NELSON DEMILLE

press the impression that Tyson was dangerous. Through the door filed the seven-member board, led by Colonel Amos Moore, who was the president of the board, a sort of jury foreman but with far more power.

Colonel Moore walked directly to the long table and stood at the middle chair, facing Tyson. The other six members of the board followed in descending order of rank and peeled off to take their places. To Colonel Moore's right stood Lieutenant Colonel Stanley Laski, Major Donald Bauer, and Captain Morelli at the end. To Moore's left stood Lieutenant Colonel Eugene McGregor, Major Virginia Sindel, and the junior member, Lieutenant James Davis, who walked to the far left chair.

Tyson watched with some curiosity. He studied the faces of the seven members, but they had probably practiced impassivity in front of a mirror all morning. Corva knew something about each of them, but all Tyson knew for certain was that they were career Army officers. Some of them wore the branch insignia of the infantry and the combat infantryman's badge.

All of them, except Virginia Sindel and Lieutenant Davis, were heavily beribboned.

The unarmed MP walked to the center of the floor where the missing altar table had crushed the nap of the red carpet. The MP faced the spectator pews and announced in a loud voice, "All rise!"

Tyson and Corva stood as did the prosecution and the court reporter. The spectators rose noisily, and Tyson could now see the silhouettes in the choir loft against the lancet windows. Several people from the press section came forward and Tyson could see they were sketch artists. They came right up to the communion rail, but no one was passing out wafers.

Through the open door behind the board table strode Colonel Walter Sproule, the military judge. He wasn't wearing robes, but wore the Army green dress uniform with colonel's eagles, and the branch insignia of the Judge Advocate General's Corps.

Colonel Sproule walked to the pulpit and took his place behind it. Tyson thought that the juxtaposition of Sproule, the high pulpit, and the gold drapes looked either magisterial or theatrical.

WORD OF HONOR 9 557

Colonel Sproule, a man nearing seventy, Tyson guessed, looked around briefly, noting that everyone was in place. There was no gave], Tyson knew; and none was needed at a court-martial. Colonel Sproule didn't bother to adjust the pulpit microphone, but his strong voice carried over the silent pews. "The court will come to order."

M Colonel Pierce remamed standing after everyone sat.

Pierce

phone and spoke.

"This court is con

vened by court-martial

convening order one

thirty-nine, Headquar

ters, Fort Dix, New

Jersey, a copy of which

43 has been furnished to

the military judge, each

member of the court, counsel, and the accused."

Tyson looked into the spectator section. He wasn't imagining it; he had never seen so many enraptured expressions.

Pierce continued, "The following persons named in the convening orders are present. " Pierce read the seven names of the court-martial board, the military judge, the three, trial counsels including himself, and the defense counsel. Pierce addressed Colonel Sproule. "The prosecution is ready to proceed with the trial of the case of the United States against Benjamin James Tyson, First Lieutenant, United States Army, 558

WORD OF HONOR * 559

Fort Hamilton, New York, who is present in court." Pierce took his seat.

Colonel Sproule surveyed the court, his hands on the sides of the pulpit, and said, "It is my duty at this time to give the court preliminary instructions regarding your duties concerning the proper conduct of this trial."

Tyson looked closely at Sproule. He was a crochetylooking old man with a powder-pale face, a few strands of gray hair combed neatly over his bald pate, and eyes that seemed unfocused. Tyson suspected he was nearsighted, but he wore no glasses. Tyson did see a hearing aid behind his right ear. Here was a man, Tyson suspected, who had seen about forty years of courts-martial and had little patience left for posturing lawyers, inarticulate witnesses, and guilty men. Tyson didn't think that even this trial impressed Colonel Sproule much.

Sproule glanced briefly toward Corva and said, "It is the duty of the defense counsel to represent the accused in a manner consistent with the special requirements of military justice. It is the defense counsel's right and obligation to insure that the rights of the accused are maintained throughout these proceedings. It is not the duty or right or obligation of the defense counsel to willfully obfuscate the facts of this case or to engage in any courtroom tactics which may compromise the dignity of this court or to delay or obstruct justice. "

Colonel Sproule surveyed the prosecution team opposite him and said, "It is the duty of the trial counsel to prove to the members of the board, beyond a reasonable doubt, the truth of the charge and the specifications that you have forwarded to this court as stated in the charge sheet. The government has had ample time to investigate this charge and to put it into proper form. I will assume that the case you are presenting here has close relevance to the charges you have sworn to. I want to remind you that in trial by court-martial, the trial counsel's primary duty is not to convict; it is to see that justice is done. I have no wish to quell the natural desire of counsel to win a case. However, this zeal must be tempered with the realization of your responsibility for insuring a fair and impartial trial, conducted in accordance with not only proper legal procedures, but also