“Yes, he was.”
“As were you?”
“Correct.” The witness’ eyes darted quickly over to the prosecution table, and then back to the document.
“Madam President, may the witness be shown defense exhibit 3?”
Judge Orozco nodded. The usher distributed the document and the copies.
“Do you recognize Exhibit 3?”
The man sunk lower in his chair, his eyes fixed on the document.
“I guess so.”
“Why don’t you tell the court what it is?”
“It’s an application for compensation for the time I spent at the Foca camp.”
“Is that your signature?”
“Yes.”
“And you are applying for back wages from the Bosnian Muslim government for the time that you were imprisoned at Foca?”
“Yes.”
“And do you see the part where you certified that you were on active military duty at the time of your capture?”
“Yes.”
“You also signed this document under penalty of perjury, did you not?”
“Yes.”
Kevin paused to let the answer sink in. He asked his next question slowly.
“So, which is the perjury, your statement in exhibit 3 that you were on active military duty, or your testimony in this courtroom that you were never in the military?”
The witness looked at Kevin, then at Bradford Stone. Then he looked at Judge Orozco. “Do I have to answer that question?” he asked her.
“You have a privilege to refuse to answer if the answer would incriminate you,” Judge Orozco replied. “You can also consult with a lawyer if you wish, and we can appoint one for you if you can’t afford one.”
Bradford Stone and Charles Oswald were huddling with their team. Kevin was sure they were not pleased at having their star witness given his Miranda warnings by the judge. Kevin looked over at the witness, waiting for an answer.
The witness paused, and looked over at the prosecutors. Finally, he said, “I lied on the form.”
“So you committed perjury to your government?” Kevin asked, rubbing it in a bit.
“Yes.” The man was still looking down.
“But everything you told this Court was the truth?”
“Right.”
“You were never in any military?”
“Never.”
“And neither was Bojanovic?”
“Right.”
“You’re sure about that?”
The witness hesitated slightly. He took a slow breath. “Yes,” he said softly.
Bradford Stone came to his rescue. “Madam President, these questions have now been asked and answered three times. I object.”
“Objection sustained. Move on, Mr. Anderson,” Judge Orozco said.
Kevin was more than ready to do so – in fact, he couldn’t wait.
“I would like the witness to be shown defense exhibit 4,” he announced, pulling out one more folder. “May I approach the witness and show it to him myself. It’s a photograph.”
“Very well.”
Kevin handed the usher copies to distribute as he approached the witness. He stood next to the witness and placed the photograph in front of him. “Do you recognize this photograph?” he asked.
The witness appeared to wince. He stared at the photograph of himself and Bojanovic with their arms around each other’s shoulders, wearing Muslim Army uniforms with rifles in their outstretched arms. The judges looked at the photograph, then at the witness expectantly. The prosecution team huddled around the photograph, whispering furiously.
“Do you recognize this photograph?” Kevin asked again, looking down at the witness, just a few inches in front of him.
There was no answer.
“We got it from Bojanovic’s wife. We know a lot more, as well. I think it’s time you told the truth.”
The witness did not move. He continued staring at the photograph.
Bradford Stone tried to break the awkward silence. “Your Honor, Mr. Anderson should be ordered to return to the podium. He’s shown the witness the exhibit.”
Without waiting for the Judge to respond, Kevin backed up, returning to his position, but keeping his eyes on the witness. Finally, the witness looked up at Kevin.
“Your friend’s widow and children think he died for his people as a hero,” Kevin said softly. “Are you being fair to his memory?”
Bradford Stone rose again. “Mr. Anderson keeps asking questions without giving the witness a chance to answer,” he whined.
“Yes,” Judge Orozco said. “Witness, do you recognize the photograph?”
“Yes.”
“Go ahead, Mr. Anderson.”
“I’d offer it into evidence, Madam President.”
“Any objection, Mr. Stone?”
Stone was back consulting with Oswald and the others. He did not reply.
“Hearing no objection, defense exhibit 4 will be admitted,” Judge Orozco said tersely. “Continue, Mr. Anderson.”
“This is a photograph of you and Bojanovic, is it not?”
“It is.”
“Were you and Bojanovic in the Muslim Army at the time of his death?”
The courtroom was still.
The witness looked from Kevin to the photograph, then he answered. “Yes.”
Bradford Stone was once again on his feet. “Your Honors, I think the witness needs counsel at this point. Perhaps we should recess his testimony until he has an opportunity to consult with a lawyer.”
Judge Davidson leaned forward on the bench. “We can do without your interruptions, Mr. Stone. Witness, you have just admitted to perjury before this Court on a most important point. You sat here all morning telling us you were civilians. Now, you are admitting that you were in fact in the military. We need to know the truth.”
“We were in the military, Your Honor,” the witness replied shakily.
“What were you doing near the airport that night?”
“Looking for the Dragons’ headquarters.”
“Did you tell this to Mr. Stone?”
Stone was on his feet. “Of course he didn’t, Your Honor! We’re as surprised as you are. We’ve been sandbagged by the defense. They gave us no notice of these documents or the photograph.”
Judge Davidson ignored Stone. “Did you tell this to Mr. Stone?” he repeated.
“No.”
“Where did you get the idea to claim you were civilians?” Judge Davidson asked.
Kevin was now a spectator to the cross-examination.
“Before the investigators asked me questions, they explained to me that if Bojanovic and I were civilians, they could convict Draga of a war crime. If we were in the military, then it was just part of the war. I wanted Draga to pay for killing my friend. So, I told them we were civilians. I didn’t know that all this would come out.” He looked down again at the photograph.
“Mr. Anderson,” Judge Davidson said. “I don’t believe any further questions from you are necessary.”
“I agree, Your Honor.” Kevin sat down.
“Mr. Stone,” Judge Davidson said. The judge was clearly in control now. “You don’t have any more questions either.”
Stone rose shakily to his feet. “No, Your Honor.”
“The witness may be excused.”
The usher quickly drew the blinds. The witness couldn’t wait to get out of the courtroom. When he had gone, Judge Orozco said, “I think we have heard enough for today. We’ll reconvene tomorrow at 9:30 a.m.”
Bradford Stone leaped to his feet. “Madam President, I would ask that you order Mr. Anderson to provide us with copies of all of his exhibits. He’s being quite unfair.”
“No,” Judge Davidson replied pointedly. “You know that the defense doesn’t have to disclose their impeachment in advance. You’d better warn your witnesses to tell the truth.”
Kevin couldn’t help but smile. He looked down, trying hard to suppress it. He looked over at Diane. She was looking at him with pride. He looked back at Draga. He was reading the sports page. An admiring audience of one wasn’t bad, Kevin decided.
Silently, he thanked Nihudian for the legal ammunition he had provided. Without it, Kevin knew he would have had great difficulty impeaching this very critical witness, and no chance at all of winning Draga’s acquittal – and Ellen’s release.