The Tribunal

CHAPTER 23

Ellen looked at the clock in the living room, which she had now completely converted into a schoolroom. “It’s 1:10. I’m hungry. Can I have lunch now?”

“You’ll have to make it yourself,” Anna replied.

They had spent the morning following Ellen’s school schedule. After feeding the puppy, chickens and roosters, and milking the cows, Ellen had begun school precisely at 8:30. Since then she had covered Language Arts, Science, Social Studies, and Dutch.

“This is a hard day you have at school,” Anna said.

“I know. Wait ’til you see the math. I’m in advanced math and we’re doing pre-Algebra.”

“You might be teaching me.”

Ellen kneeled down and petted Johanna. Ellen picked up Johanna and the two of them played with a sock.

“I love this puppy so much. Can I take her with me when I go home?”

“If no one claims her.”

“I’m not going home today, am I?”

“No.”

“When will I go home?”

“I don’t know. One day we will get a phone call and we’ll be told what to do with you. That’s all I know.”

“I really miss my parents and my real school.”

Ellen heard the sound of the front door opening. Johanna squirmed out of her arms and scurried over to investigate. She jumped on Hans’ boots as he and Jan entered.

Ellen and Anna made sandwiches for everyone and they sat at the kitchen table.

“I have a job for you,” Hans said when they were seated. “I want you to write a short letter to your parents. Tell them that you’re okay. You can’t tell them anything about where you are, what you’re doing or about any of us. Just tell them that you’re fine and that you miss them.”

“Okay, I’ll do that as part of my homework tonight.”

Ellen was determined to give her parents a clue to help them find her. She didn’t know where she was, just that she was on a farm. She thought all day about what she could write. Finally, she wrote a note and showed it to Hans. He did not spot her clue.

She hoped her parents would.

When court adjourned after his cross-examination of Witness A, Kevin rushed to his office and called Diane. There had been no new developments at home. Next, Kevin headed down to the holding cell in the basement where Draga was kept when he was not in the courtroom.

Draga had loosened his tie and taken off his blazer. He looked like an executive at the end of a tough day at the office.

“I owe you, big time,” Kevin said, shaking Draga’s hand warmly.

“Maybe you’ll forgive my football debts.”

“What are your football debts?”

“Well, the Raiders lost the AFC Championship yesterday. Didn’t you hear? I owe you 70 Euros. But the Super Bowl is in two weeks.”

“I’ve been a little preoccupied,” Kevin said, sitting down on the wooden bench bolted to the wall of the bare cell. “You sure know how to take advantage of a guy when he’s distracted.”

Draga laughed. “I learned that in the army. Act decisively when your opponent is at his weakest.”

“Thank you for what you did today. You’ve done more to get my daughter back than anyone.”

“Any word yet?”

“Nothing.”

“You did good with that witness.”

“Thanks. Only about ninety-nine more to go.”

“Old Stone face over there didn’t look too happy. I think you neutralized their best witness.”

“Why did you round up civilians?” Kevin asked, wondering if Draga might break his rule and talk about the case now that he had seemingly broken his other rule and spoken up in court.

“Our orders were to detain all military-age Muslim males. It was up to the Bosnian Serbs to figure out who was a soldier and who was a civilian. We couldn’t take a town and leave people there to attack us from behind.”

That made sense to Kevin. “Will you help me win your case and get my daughter back?”

“I’ll do anything I can to get your daughter back. But winning the case? I don’t think that is possible, with or without my help.”

“I can’t believe they would hold my daughter for the whole trial. It’s going to take at least a month. She’s never been away from home for more than a week.”

“Maybe they’ll see that you’re doing the best you can and let her go. I’ll do what I can to pass the word in Serbia.”

Kevin left the lockup and headed for home. The news crews were awaiting him outside the Tribunal guardhouse.

“Any news on your daughter?” one reporter shouted.

“Nothing.”

“How do you expect to win Draga’s trial? Nobody has ever been acquitted at the Tribunal.”

“Draga’s case is unique,” Kevin replied. “I’m convinced that he’s innocent.”

Kevin realized that he sounded like a zealous defense lawyer. After twenty years as a prosecutor, he didn’t know he had it in him.

When he arrived home, Diane was sitting on the couch in the living room. Kevin took off his coat and sat down next to her.

“This is so hard,” she said to Kevin. “To sit here all day doing nothing while Ellen is being held somewhere.” Tears streamed down her face.

Kevin hugged his wife tightly. “This is a nightmare.”

“When is it going to end?” Diane sobbed.

“I don’t know. I just don’t know.”

“Do you think she’s alive?”

Kevin closed his eyes. “I think so. What would be gained by killing her? Then their game would be over and they would not have accomplished anything.”

“What are they trying to accomplish?”

“Make the Court release Draga. Make me fight harder for him. Or maybe it is the CIA – trying to make it look like the Serbs. I don’t know. It’s insane.”

“Will they hold her for the whole trial? I don’t think I can take this much longer.”

Kevin put his arm around Diane’s shoulders. “Why don’t you ask Detective Weber if there is something you can do to help, like going around with Ellen’s picture or organizing volunteers?”

Diane pulled back. “I’m not good at that stuff. That’s something you would do. I just want my daughter back.” She burst into tears again.

Kevin felt Diane’s resentment. He knew that she was unbelievably angry with him and blamed him for what had happened. There would be a time when that wound would have to be healed, or their marriage would not survive.

Although he was hungry and exhausted, Kevin sat with Diane on the couch for the next hour, talking out all of the possibilities.

“At least you have a purpose,” Diane finally said. “You can go to court every day trying to win Draga’s case. I haven’t been out of the house since this happened.”

Kevin knew that Diane was not really expecting a solution to their nightmare from him; she just wanted to talk, and express her feelings. But he couldn’t help himself. “I’ve got an idea. Why don’t you come to court with me and help on Draga’s case?”

Diane frowned. “I haven’t practiced law for more than eleven years.”

“So what? You know a lot about Draga’s case from listening to me. You don’t have to handle any witnesses – just read the reports and give me some ideas. It’ll look good to the kidnappers, like we are trying everything. It will get you out of the house, and we’ll be together.”

Diane was quiet. She looked down and squeezed her hands together.

Kevin knew she never liked the confrontation that took place in a courtroom.

“What would I wear?” she finally said, smiling.

“Let’s go up to your closet and have a look.”

They got up from the couch and went upstairs.

Kevin was pleased that Diane was considering helping at trial. The more he thought about this spur of the moment idea, the better he liked it. It would give Diane something to do, and it would help him as well.

“I would just be doing this for Ellen,” Diane said, opening her closet door. “I never liked being in court.”

“I know. But this is the best way we can help Ellen now. Let’s go for it.”

Diane stood looking in her closet, pulling hangers to the side and examining her garments critically.

“You’ll be wearing a robe in court,” Kevin said. “You just need a nice pair of shoes.”

Diane frowned. Then she began going through her assembled shoes.

“I’m going to make myself something to eat,” Kevin said after a few minutes. “Come join me when you’re done.”

When Diane came downstairs, she was still undecided.

“I don’t really know what to do,” she said. “I am such a mess – I can’t decide what shoes to wear. How in the world am I going to be any help in court?”

“Why don’t you sleep on it? You don’t have to come tomorrow. Think about it for awhile.”

Kevin ate his dinner alone while Diane went back to sitting on the couch. When he looked in on her, she was reading a novel. It was almost ten o’clock.

“I’m going to bed,” Kevin said. “I can’t stay awake any more.”

“I’ll be up in a while.”

When Kevin’s alarm went off the next morning, there was an empty space in the bed next to him. He got up to look for Diane. He found her downstairs, sitting at the dining room table wearing a blue skirt, cream-colored blouse, and black pumps. She was reading one of Kevin’s files from his briefcase.

“Does this mean what I think it means?”

“I’m doing this for Ellen,” Diane replied wearily.

Kevin walked over to the table and gave her a kiss.

He remembered how they had once been a great team. Could they still do it?

When they drove to The Hague, Kevin filled Diane in on who would be testifying and who all the people were in the courtroom.

“What if the kidnappers call and I’m not home to answer the phone?” she asked.

“They’ll call back at night. It’ll probably be on the news that you are in the courtroom. I hope Ellen hears about this. She’ll be so proud.”

Diane shook her head. “I can’t believe I’m doing this.”

When they entered Courtroom 1, Diane looked out to the visitors’ gallery. “This is weird,” she said. “That glass between the courtroom and the audience makes me feel like I’m on the inside of a fish bowl.”

Diane looked at Kevin warily. “Why do I let you talk me into these things? I didn’t even want to come to Holland. Now you’ve got me in the courtroom helping defend a war criminal.”

He smiled. “Must be my powers of persuasion.”

“All rise! Veuillez vous lever!”

Kevin and Diane rose as the judges entered the room. “Prosecution versus Dragoljub Zaric, case number IT-96-30. Counsel, your appearances please,” the Deputy Registrar announced when the judges had been seated.

“Bradford Stone and Charles Oswald for the prosecution.”

Kevin spoke next. “Good morning, Your Honors. Kevin and Diane Anderson for the accused.”

Judge Orozco’s eyebrows shot up.

“I would like to introduce my wife, Diane, to the Court,” Kevin continued. “She is also a lawyer, duly admitted to practice law in the United States. With the court’s permission, she is here to help me defend Mr. Zaric, and to show those who hold our daughter that we are doing everything humanly possible on Mr. Zaric’s behalf.”

Judge Orozco smiled at Diane. “It’s nice to meet you, Mrs. Anderson. I am sorry it is under these circumstances.”

Diane gave a forced smile. Judge Orozco turned to the prosecution. “Is there any objection to Mrs. Anderson participating in the defense?”

Bradford Stone rose. “We’ve had no notice of this, Your Honor. But we continue to believe that it is inappropriate for Mr. Anderson to be representing Mr. Zaric given his emotional state and what has occurred this weekend. I hardly think that Mrs. Anderson’s emotional condition can be any better.”

Diane glared at Bradford Stone across the room.

“What a pompous ass,” she whispered under her breath.

Judge Orozco turned to Judge Davidson and then Judge Linares and had short conversations with each of them. Then she turned to Draga. “Mr. Zaric, do you have any objection to Mrs. Anderson participating in your defense?”

Kevin turned to look at Draga, wishing he had a chance to talk to Draga about this first. Draga looked handsome in a light gray suit. His client had turned into a clothes horse. Kevin wondered where he was getting the nice threads.

Draga stood up. “I would welcome her help,” he said gallantly.

Kevin smiled at Diane. The war criminal was turning into a prince.

“Very well then,” Judge Orozco said with a smile. “Welcome to the Tribunal, Mrs. Anderson.”