“Yes, I do. It’s the list of names of Black Dragons who our witnesses have identified as having committed war crimes.”
“Is the list complete as far as you can tell?”
“Yes.”
“Madam President, I offer defense exhibit 5 into evidence.”
Judge Orozco looked over at the prosecution table. There was no effort to object to the seemingly harmless list. “Defense exhibit 5 will be received into evidence.”
“Thank you, Madam President.” Kevin turned to face Jacobson. “Now that we have a list of the people who committed the war crimes, I’d like to compare that to the list of members of the Black Dragons under Mr. Zaric’s command. Do you have such a list?”
Jacobson hesitated for a moment, as if trying to recall. “No, I do not.”
“Is such a list contained in your database?”
“No.” Jacobson glanced over toward Bradford Stone.
“Could you please go to your laptop and return it to the main screen that you see when you first turn on your computer?”
Jacobson complied, a puzzled look on his face.
Kevin continued, “Now could you double click on the icon called ‘recycle bin’?”
Jacobson didn’t comply. His eyes wide, he looked at Stone, who leaped to his feet. “Madam President, I strongly object,” said the prosecutor. “This is another fishing expedition. It is a waste of this court’s time and wholly irrelevant.”
Judge Orozco cut him off. “He’s caught some fish already today, Mr. Stone. I think we’ll let him continue for a while.”
“Thank you, Madam President,” Kevin said. “This won’t take long.”
Kevin instructed Jacobson to open the recycle bin.
Jacobson’s face had gone pale. He did as directed.
“These are the files which have recently been deleted from the computer, correct?”
“Correct,” Jacobson looked over at Stone again.
Kevin paused before asking his next question. He waited for Jacobson to look at him. “Mr. Jacobson, my next question is a career-breaker. I want you to think carefully before you answer it. Think of your livelihood, your family, your integrity.”
Stone was on his feet. “This is totally improper. Counsel is badgering the witness.”
“Ask your question, Mr. Anderson,” Judge Orozco said, “without the drum roll.”
Kevin smiled sheepishly.
The tension in the courtroom was palatable. Even Judge Linares was leaning forward waiting to hear the next question.
“Mr. Jacobson, did you delete the membership list of Black Dragons from your database?”
Jacobson was about to answer when Stone leaped to his feet. Finally realizing where this was going, he was desperate to stop it. “Madam President,” he shouted, “this is outrageous! I caught Mr. Anderson breaking into our database during the noon recess. He was sitting in the witness box using Mr. Jacobson’s laptop computer. He cannot be allowed to profit from this skullduggery.”
Judge Orozco was silent, taken aback by the objection.
Judge Davidson, however, was impatient. “We’re not going to waste any more time with this,” he snapped.
Kevin, not sure what Judge Davidson meant, was determined to forge ahead. “Did you delete the membership list of Black Dragons from your database?” he repeated in a loud voice.
On the computer screen, a file labeled ‘membership’ could be seen among those in the recycle bin. Jacobson glanced at the screen, and then quietly said, “Yes.”
“When?”
“On Saturday.”
“Why?”
“I was instructed to do it.”
Kevin couldn’t wait to ask his next question. “By whom?”
Stone leaped to his feet. “Madam President!” His voice was booming with as much bluster as he could summon. “This is privileged information. It’s entirely irrelevant to the case. I must instruct the witness not to answer.”
Judge Davidson’s face turned bright red. “And I instruct the witness to answer the question right now,” he yelled. “Who told you to delete that file?”
Jacobson was now bent on saving himself. He didn’t hesitate. “Mr. Stone.”
All eyes turned to Bradford Stone. Even Charles Oswald was looking at him. Stone’s face had turned crimson. He looked down at some notes.
All of a sudden there was a noise from behind Kevin. “Strike Three!” Draga yelled, standing up and waving his arm like an umpire calling a batter out. The guards moved forward quickly to restrain him. Draga sat down, a wide smile on his face. The guards couldn’t help themselves. They broke out in laughter.
Judge Davidson ignored the outburst. His gaze was directly at Bradford Stone. The judge was livid. “Is that true, Mr. Stone?” he barked.
Stone rose slowly from his chair. “May I have a word with my co-counsel?”
Judge Davidson glared at Stone. “We’ll be in recess for ten minutes,” he announced. “I want a full explanation for this when we reconvene. That is an order.”
The judges stood up and strode from the bench. Kevin saw Judge Davidson grab Judge Orozco’s arm and say something to her as they left.
Oswald and Stone quickly left the courtroom as well.
Kevin noticed that there were no spectators today in the visitor’s gallery. Pity, he thought. He hoped the news media was covering this session from the press room. He wanted the people holding Ellen to know the extent to which he was fighting for Draga.
“Was he hiding evidence?” Diane asked Kevin
“He sure was. I hope they don’t let him out of this one.”
“How did you find out?”
“I checked the recycle bin at lunch, just like he said. I saw the membership file.”
Kevin couldn’t wait for the ten minutes to be up. He turned around. Draga was laughing with the guards and repeating his umpire gesture. When his eyes met Kevin’s, he shadowboxed three punches. At least the accused was enjoying his trial now.
The judges filed in exactly ten minutes after they had left. Their expressions were grim. Kevin noticed Charles Oswald sitting alone at the prosecution’s table. Bradford Stone was nowhere to be seen.
Judge Orozco began by recognizing Oswald. “Madam President, Your Honors, I would like to apologize to this Court for what has transpired this afternoon. We have suspended Mr. Stone, effective immediately. He will no longer be participating in this trial, and our office will conduct a full investigation into the matter.”
Judge Orozco smiled grimly. “I think that is very appropriate, Mr. Oswald. Are you prepared to proceed with the trial?”
“Yes, Your Honor. And furthermore, I wish to advise the court that I had no knowledge of the deletion of these files until I heard about it in Court. Those files should have been turned over to Mr. Anderson months ago. I very much regret what has occurred here today.”
Judge Orozco smiled again. She seemed satisfied that the problem that threatened to unravel the trial had apparently been solved.
Kevin, however, was not about to let it go so easily. “Madam President, I move to dismiss the case on the grounds of outrageous prosecutorial misconduct. Evidence has been hidden, misrepresentations and perjury have been committed in this very courtroom, and the attorney-client privilege has been shamefully violated. You must send a clear message that this cannot be tolerated in this Tribunal.”
Judge Davidson interjected. “Mr. Stone has got that message loud and clear. You can now have the evidence that was withheld so that you’re not disadvantaged by his misconduct. But we’re going to decide this case on its merits. The Tribunal is here to seek the truth about what happened in the former Yugoslavia. Your motion is denied.”
Kevin looked down and shook his head.
“Do you want more time to review the evidence?” Judge Orozco asked Kevin.
“No, I’d like to continue my cross examination.”
“I’d like a recess so I could consult with counsel for the prosecution,” Jacobson interjected from the witness box.
Judge Davidson glared at him. “That won’t be necessary. We just had a recess. Proceed, Mr. Anderson.”
“Mr. Jacobson, could you open the file containing the membership list?”
Kevin saw the mouse shake as Jacobson moved it to open the file. Beads of sweat could be seen on his forehead.
“What exactly is this?” Kevin asked when a list of names had been projected on the screens.
“It is a list of all persons who were members of the Black Dragons from the beginning of the war in Bosnia in 1992 through the end of the war in 1995.”
“Where did you get it?”
Jacobson hesitated. He looked over at Oswald, who made no effort to object. “Do I have to answer that question?” he asked Judge Orozco.
“Yes, you do,” Judge Davidson answered for her.
“We received it from the American Central Intelligence Agency.”
“Are you convinced it is complete and accurate?” Kevin asked, avoiding further questions about the CIA.
“Yes, I am.”
“I take it that you have checked the names of the people on defense exhibit 5 who have been identified in this court as having committed war crimes against this list of bona fide Black Dragons?”
“Yes,” Jacobson’s voice was barely above a whisper.
“Please tell the court the result.” Kevin’s voice dropped to match that of Jacobson.
Jacobson took a deep breath. “None of the people who committed war crimes were on the list of Black Dragons.”
“So you have no evidence that the people who committed the war crimes were under Mr. Zaric’s command?”
“That’s correct.”
“And that’s why this file was deleted?”
Jacobson shifted in his seat. “I guess so,” he said, never looking up.
Kevin could have stopped, but he had noticed one more thing. This one’s for you, Nihudian, he thought.
Looking up at Jacobson, Kevin said, “Please open the file labeled ‘Stigic.’”
Jacobson complied.
An invoice from Stigic Sewing Shop appeared on the screen.
“What is that?” Kevin asked, knowing it was the very piece of paper that Nihudian had died trying to help him retrieve.
“It’s a copy of an invoice from Stigic’s Sewing Shop in Sokolaz.”
“What is the significance of this invoice?”
“Stigic made two dozen Black Dragon uniforms in 1992.”
“For whom?”
“Victor Vidic,” Jacobson was now sticking to the shortest possible answers.
“The same Victor Vidic who committed the brutal war crimes we have heard about in this court.”
“Yes.”
Kevin spoke clearly and with emphasis on each word. “He ordered these uniforms so he and his associates could impersonate the Black Dragons, correct?”
“Yes.”
“I’d like to offer this invoice as defense exhibit 6.”
“Defense exhibit 6 will be admitted,” Judge Orozco said after seeing that Oswald was not objecting.
Kevin turned back to Jacobson. The man was not resisting any more. He just wanted to get his testimony over with. Kevin pressed on for the final thrust.
“You have no evidence that Mr. Zaric had any command or control over Victor Vidic or anyone else on defense exhibit 5, do you?”
“No.” Jacobson conceded.
“You have no evidence that Mr. Zaric ever even met the people who committed the war crimes, let alone commanded them, do you?”
“No,” Jacobson admitted.
“I have no further questions, Your Honor,” Kevin said, taking his seat. He saw Jacobson’s taut face relax.
“Any questions on redirect, Mr. Oswald?” Judge Orozco asked.
“No, Your Honor.”
“Very well, the witness may be excused.”
Jacobson got up from his seat and took his laptop with him to the prosecution table. He sat down at his usual place. No one looked at him and he looked at no one.
Judge Orozco looked to Oswald, who rose again. “The prosecution rests.”
“Very well. I believe then that it is your turn, Mr. Anderson,” Judge Orozco said lightly as the tension lifted from the courtroom. “It’s almost four o’clock. Would you like to begin tomorrow?”
Kevin stood up. “The defense rests, Your Honors.”
Judge Orozco’s eyebrows shot up. “You mean you aren’t calling any witnesses?”
“That’s correct. They’ve just admitted everything I would prove. Mr. Zaric had no responsibility for the men who committed the war crimes.”
“Very well, then,” Judge Orozco said, collecting her thoughts. “We’ll have closing arguments tomorrow morning at 9:30. Court is in recess.”
Kevin turned and looked back at Draga. He walked over and Draga gave him a huge bear hug. “You destroyed them!”
Kevin smiled. “They’re still the home team. I’ll see you in the morning.”
Kevin walked back over to the defense table to gather his papers. He sat down next to Diane. “Why didn’t you use the CIA evidence?” she asked, her brown eyes boring in on him. “I thought you were going to do everything to save Ellen.”
“I just couldn’t, Diane. I had to act in the best interest of my client. It was the right thing to do. And besides, if these judges find Draga guilty after what they heard today, no evidence from the CIA or even God Himself is going to change their minds.”
Diane got up shakily. “I hate you and your games.” She ran from the courtroom. Kevin sat there in the courtroom, alone now, stunned. He had just finished the best cross-examination of his career. He had followed his instincts about the CIA evidence. But his instincts had, after all, caused him to lose Ellen.
Had he made the wrong decision? One that might cost his daughter’s life?