The Tribunal

CHAPTER 22

Although he took his usual seat at the defense table in Courtroom 1, Kevin felt like a different person than he had been on Friday. It was as if he had an entirely new client: his daughter. This gave him a personal stake in the outcome that he had never experienced before as a prosecutor.

Everyone treated him differently as well. From the moment he came into the building trailed by news crews, people offered their sympathies and wished him luck.

Kevin looked up from the table when he heard a familiar voice. “Mr. Anderson, I’m so sorry about your daughter. I gave you the application to be defense counsel, and I can’t help but feel this is all my fault.”

Kevin saw a grief-stricken Mrs. Kelly.

“It’s not your fault at all, Mrs. Kelly. You’re the nicest person I know here.”

Mrs. Kelly would not be consoled. She continued in her Irish accent. “If there’s anything I can do, please let me know. And give my best to your wife. Poor dear, this must be frightful for her.”

Kevin struggled to keep his emotions in check as he thanked the motherly Mrs. Kelly. He concentrated on keeping his professional demeanor in court. He had written an outline of what he wanted to say to the Court, and he reviewed it again.

“All rise! Veuillez vous lever!”

Kevin came to his feet as the judges filed into the courtroom.

Led by Judge Davidson, they all looked somber and grim. They sat down at their places as Draga was brought in from the door behind Kevin. Kevin was surprised to see that Draga was not wearing his jogging suit. Instead, he was dressed immaculately in a navy blue blazer, gray slacks, a white shirt and red tie.

Judge Orozco was the first to speak after the case had been called. “The Court wishes to express its sorrow to Mr. Anderson and his wife over the kidnapping of their daughter. We are all praying for her safe return.”

Kevin nodded in thanks.

“We were prepared to postpone this trial, and not convene today. However, Mr. Anderson has requested that court proceed as scheduled this morning. We have honored that request. Mr. Anderson, do you wish to be heard?”

Kevin stood up and moved to the podium. “Thank you, Madam President,” he said in a voice that sounded higher and shakier than he would have liked. “It is difficult for me to be here, knowing that my daughter is being held somewhere against her will.”

He fought to choke back tears as he visualized Ellen. “Yesterday, we received a telephone call saying that she will be released only if Mr. Zaric is released. So I am here today to continue my efforts on behalf of Mr. Zaric. It is the only thing I can do to help bring my daughter back.”

Bradford Stone rose from his chair. “Your Honors,” Stone’s voice had no trace of sympathy. “The prosecution would urge the court to replace Mr. Anderson as counsel for the accused, given the emotional state that he must be in. The situation has given him a personal stake in the case. I believe that it would impair a lawyer in the performance of his duties towards his client.”

“I was thinking the same thing,” Judge Davidson interjected. Turning to Kevin, he addressed him for the first time. “Mr. Anderson, I really don’t think you should continue. You should be helping the police. You can’t give Mr. Zaric’s case your undivided attention under these circumstances.”

Before Kevin could respond, Judge Orozco spoke. “I agree,” she said, looking directly at Kevin. “As a mother, I can imagine the pain that you and your wife must be feeling. You’re in no condition to participate in a trial.”

Kevin was fighting a feeling of panic. He couldn’t leave Draga’s trial. It was his only hope of getting his daughter back. He took a deep breath and rose. “I want to continue,” he said evenly, trying to keep the emotion out of his voice. “Perhaps it would be easier to sit home with my wife and wait for the phone to ring. But, my place is in this courtroom fighting for my daughter’s freedom, as well as for my client’s. It is true that I do now have a personal interest in the case, but that interest is the same as my client’s.”

Bradford Stone rose again. “After he is found guilty, the accused will most certainly claim on appeal that he received ineffective assistance of counsel. The Court simply cannot allow Mr. Anderson to continue under these circumstances.”

“Stop telling the Court what it can or cannot do,” Judge Davidson spat. “What about the delay in the trial? A new lawyer would take months to prepare.”

“Well, Your Honor, I have spoken to Mr. Krasnic this morning. He told me that he would be able to step in and assist the court within two weeks.”

Kevin bristled. Krasnic couldn’t prepare Draga’s case in two months, let alone two weeks.

Judge Orozco looked at Kevin. “Mr. Anderson, I don’t see how we can proceed in the absence of a waiver by your client, agreeing that your continued representation would not be a basis for overturning the verdict. And, I don’t imagine your client wishes to waive anything.”

All eyes in the courtroom moved to Draga, sitting behind Kevin, today looking like a natty businessman.

Kevin wished that Draga would do what it took for him to continue. He knew, however, that he couldn’t ask his client to waive his rights over such a personal matter. But what would the kidnappers do to Ellen if Kevin were no longer on Draga’s case? There would be no incentive to release her. She would probably be killed. Kevin closed his eyes and felt sick.

“Mr. Zaric,” Judge Orozco said, “we are going to replace Mr. Anderson with Mr. Krasnic. Apparently he will be able to begin your trial in two weeks. Do you have any objection to that?”

Draga slowly rose from his chair. “Yes, I do,” he said in a strong, firm voice. “I want Mr. Anderson as my lawyer. I want my trial to continue right now.” He sat down.

Kevin was shocked and grateful. Draga had broken his courtroom silence for him. He looked at his client with deep appreciation.

Judge Orozco conferred with Judge Davidson. Then she turned back to the accused. “Do you agree, Mr. Zaric, that you will not be able later to challenge the result if you are found guilty on the ground that your lawyer was distracted, or had a conflict of interest, as a result of this situation?”

Draga once again rose. “I do agree,” he said firmly. Then, looking at the visitor’s gallery, he continued in a forceful voice. “I want those people who have kidnapped my lawyer’s daughter to know that I do not want this. My lawyer is doing exactly what I want him to do. He is doing an excellent job. I am calling on those who are holding the girl to release her immediately.”

Tears welled up in Kevin’s eyes.

Judge Orozco was impressed as well. “Mr. Zaric. Thank you for that statement. It demonstrates character and compassion on your part. The Court is grateful to you for your actions here today. We hope that those misguided individuals who have taken Ellen Anderson will listen to what you have just said.”

Turning to the prosecution, Judge Orozco said, “Call your next witness.”

Stone stood. “Your Honors, with all due respect, we don’t feel Mr. Zaric has adequately waived…”

“Call your witness,” Judge Davidson boomed.

“Yes, Your Honor,” Stone replied meekly. “The prosecution calls Witness A.”

Kevin turned and looked back at Draga. Their eyes met. Kevin gave Draga the thumbs up sign. Draga winked back at him. Kevin pulled out his folder for Witness A.

The usher shut the curtain on the glass windows to the visitors’ gallery. Whenever a witness whose identity was protected entered the courtroom, the curtain had to be shut. After the witness sat in the witness chair, which was shielded from public view, the curtains were reopened.

Kevin noticed for the first time that there was a full house today.

“Good morning, Witness A,” Judge Orozco said.

“Good morning,” the witness responded in the BCS language.

“Please read the oath from the card in front of you.”

The witness read the oath, affirming that his testimony was the truth, the whole truth, and nothing but the truth.

“Witness A, the usher will now show you a piece of paper with a name on it. Please tell me if this is your true name.”

The usher approached the witness with a piece of paper. “Da,” said the witness, which meant “yes” in BCS.

Kevin had been given the witness’ true name several months ago, but the public would not know the witness’ identity. That was the Tribunal’s way of protecting the rights of the accused to know and confront the witnesses against him, yet affording the witness some protection against retaliation.

“Mr. Stone,” Judge Orozco said, “you may begin your direct examination.”

Witness A’s testimony was much like many of the stories in the reports Kevin had read. He had lived near the municipality of Prijedor in northern Bosnia, and had been stopped one day at gunpoint at a roadblock on his way to work. The Black Dragons manned the roadblock. He had been taken by bus to a school auditorium where he was held all day. He claimed to have seen Draga there, commanding the Black Dragons. At the end of the day, he was bussed to the Omarska Camp.

Once at Omarska, the witness and other Muslims were subjected to constant beatings and torture. Many of them were shot and killed. As the witness recounted these events, Kevin could not help feeling empathy for this man and all that he had endured. He was not a sophisticated man, and his testimony was devoid of any bitterness. He had lost his freedom, his home, and had been subjected to two months of horror at Omarska. Kevin had no doubt that everything the witness was testifying about was the truth.

Kevin’s mind kept wandering to Ellen. Was she being held by the same animals who ran Omarska? He wouldn’t even let himself think about that. He pictured Ellen sitting alone in a room somewhere, crying. Maybe the kidnappers would let her go after Draga’s statement was publicized. Maybe the police would get some leads and find Ellen. As he looked over at the witness, Kevin realized that this man must have had similar thoughts about the fate of his own family during his days at the Omarska camp.

The witness described encountering a cruel man named Victor Vidic wearing a Black Dragon uniform. Vidic had come to Omarska, and had slit the throat of one man in the dining hall while the prisoners watched in horror. “This is what happens if you do not obey the Dragons,” Vidic had said.

Kevin tried not to show any reaction. Draga could be convicted just on this testimony alone. Under the Tribunal’s law of superior responsibility, a commander was liable for the crimes of his subordinates. It would be critical for Kevin to prove that Victor Vidic was not one of the Black Dragons.

Kevin thought of the CIA evidence. If he used it, he could prove that Draga warned the CIA about the ethnic cleansing scheduled for Prijedor before it ever began. Now that Ellen’s life was at stake, Kevin could not afford to pull any punches. He would have to revisit the decision about the CIA evidence with Draga before the end of the trial.

The witness went on to describe how Vidic came to Omarska almost every day and called people out of the rooms. They would be taken to a white house on the property and be beaten or killed. The witness was ultimately taken to another camp and eventually exchanged for Serb prisoners held by the Muslim Army.

“Do you have any permanent injuries from these beatings?” Stone asked.

“Yes, I have constant pain in my spine, especially when it is damp weather. I get headaches every day. My vision in one eye is blurry. I limp with my left leg. And I have been treated for depression. Some days I do not get out of bed and lie there wishing Vidic had killed me. My life has been destroyed.”

Bradford Stone paused. He took off his glasses and looked over at Kevin. “Your witness, counselor.”

Kevin stood and moved slowly to the podium. He took a deep breath. Every eye in the courtroom was upon him. The sympathy for the witness hung in the air like a rain cloud waiting to expel its moisture.

“I am so sorry.”

The man did not respond.

“You have a lot of courage to have survived all of this, and then to come here and talk about it again.”

Still the man did not respond. Finally, the witness said, “Thank you.”

“What happened to your family?”

“They were forced to leave Prijedor two days after I was taken. They left with the clothes on their back and whatever they could carry. They made it to Croatia and became refugees there, like many people from Prijedor.”

“How many children do you have?”

“Three. Two girls and a boy.”

“How old were they?”

“My oldest daughter was fifteen, my son was thirteen, and my youngest daughter was ten.”

Kevin thought of Ellen. “I have an eleven year old daughter,” he said for no reason in particular. “I’m in some pain now, too. But I can’t imagine your pain.”

“I am grateful that it was me and not them.”

“I know. I’d change places with my daughter in a heartbeat.”

Judge Orozco shifted in her chair. Kevin knew that these personal references were making her and everyone else uncomfortable. But he wanted to connect with the witness, and he felt himself making that connection. Witness A had let his back slide down in his chair a bit. It was time to move on.

“What was Draga doing when you saw him at the auditorium?”

“He was marching in front of a line of men in black uniforms. They were standing at attention. He appeared to be giving them orders.”

“Did you see anyone at the auditorium mistreated?”

“No.”

“Were you yourself mistreated there?”

“No.”

“Did you see Victor Vidic at the auditorium?”

“No.”

“Could you please describe the physical appearance of the people at the roadblock and auditorium in the black uniforms?”

“They were young. They looked very strong and muscular.”

“Did any of them have long hair?”

“No.”

“Did any of them have facial hair?”

“No.”

“Did you see any of them smoking?”

“No.”

“Did you see any of them drinking?”

“No.”

“Did any of them appear intoxicated?”

“No.”

“Did they appear to be a group of well disciplined soldiers?”

“Yes.”

Kevin paused, hoping to signal a contrast to the judges. “Did Victor Vidic have long hair?”

“Yes, he did.”

“Did he have a mustache and beard?”

“Yes.”

“Did you ever see him smoking a cigarette?

“Yes, he had a cigarette every time I saw him.”

“Did you ever see him drinking?”

“Yes.”

“Was he intoxicated at times?”

“Yes.”

Kevin was pleased. He was making his points, while not having to attack the credibility of the witness. He tried to take it a little further.

“Victor Vidic wore the uniform of a Black Dragon, correct?”

“Yes.”

“But you don’t know if he was under Draga’s command?”

“No, I don’t.”

“Did Vidic act like the men you saw Draga commanding?”

“No. The men at the roadblock and auditorium were professionals. Vidic was an animal.”

Kevin took his seat, satisfied.

His defense of Draga – and Ellen – had begun.