Dog Tags

CHAPTER 67

OUR FIRST WITNESS IS ARMY CAPTAIN NATHAN KERSHAW.

He is from the inspector general’s office, and will testify to the contents of the army’s investigative report on the explosion in Iraq. Colonel Mickelson has arranged for this to happen, probably motivated by his desire to please General Prentice.

Captain Kershaw is at least six foot three, and looks like he weighs about 160 pounds. He’s blond and talks in a slow, Southern drawl, peppering his answers with a bunch of ‘sirs.’”

I take him through the events of that day in Iraq, which he is thoroughly familiar with, even though he wasn’t there. In a sense he’s an expert witness, with his expertise his knowledge of the report itself.

When I’m sure the jury has the proper context, I get to the meat of his testimony. “Captain, were any members of the army discharged as a result of this report and the events of that day?”

“Yes, sir. Five members of the military police.”

“What are their names?” I ask.

“Sergeant First Class Jeremy Iverson, Sergeant First Class Jason Greer, Sergeant Raymond Santiago, Sergeant Donovan Chambers, and Corporal Tyler Lawson.”

“Were they found responsible for the explosion?”

“Not exactly, sir. They were judged negligent for allowing the perpetrator inside the perimeter.”

“So it was not determined that they acted intentionally?” I ask.

“No, sir.”

“Was it determined that they did not act intentionally?”

He shakes his head. “No, sir. There just wasn’t enough evidence either way. All the investigators could be sure of was the negligence.”

“And they were dishonorably discharged for that negligence?”

“They received OTH discharges, which means ‘other than honorable,’ sir.”

“I see. Does the army keep track of people with OTH discharges after they leave the service?”

He shakes his head. “We surely do not, sir.”

“What did the report say about Major Erskine?”

“Very little; he was not considered culpable, though the overall command structure was held to be somewhat deficient.”

“Did he resign?”

“Yes, sir. He did. Four months later.”

I let Captain Kershaw off the stand, and Eli cross-examines. There’s really nothing for him to gain, since Kershaw has simply and accurately reported on what was in the report. Yet Eli questions him for over an hour, probably because he likes being called “sir.”

I’ve gone back and forth over who to call next. I could go with a witness to the Santiago killing. It just happened, and some jurors may even be familiar with it. It is likely to have the biggest impact, since it is the only certain evidence we have that one of the soldiers was killed. For that reason, I’ve decided to save it for last.

I call Lieutenant José Alvarez of the Albuquerque Police Department to testify regarding Tyler Lawson, who is still listed as a missing person. I would have been better off with an officer from Vegas, since that’s where the disappearance took place. Unfortunately, but logically, it was a hell of a lot easier to lure someone to New Jersey from Albuquerque than Vegas.

Alvarez relates the basics: that Lawson had gone to Vegas for an apparent holiday, then went off with some guy and was never heard from again. The clincher, of course, is the safe loaded with cash that he left behind. The jury does not have to be filled with Rhodes Scholars to understand the significance of that fact.

Alvarez also reveals that a further search showed Lawson to possess assets of almost five hundred thousand dollars, sitting untouched in a money market account. The money had been wired in from a Swiss bank account that could not be traced back.

“So taking all of these factors into account, have you formed an impression as to where Mr. Lawson might be?”

“I believe that he is the victim of foul play, and is likely no longer alive.”

Eli points out on cross that Alvarez has no real knowledge of Lawson’s whereabouts, and that it is possible that he ran off with a woman, possibly to return any day. Alvarez admits that anything is possible, but his experience tells him that there is little chance that Lawson will ever return.

My last witness of the day makes me a little nervous, but I call Willie Miller anyway. He is there to testify about his trip to Nassau, and his conversation with Inspector Christian. I introduce the affidavit that Hike got the inspector to sign, and Willie’s really up there as a witness seat filler, merely to recount and read from the affidavit.

I would have liked to introduce evidence that someone from Nassau, perhaps a rental car agent, had recognized and remembered M, but no such identification has been made.

I’ve gone over with Willie the importance of sticking to the facts and not going off on a tangent. He handles it pretty well, at least on the direct testimony. When I turn him over to Eli for cross-examination, my heart is in my throat. There is no telling what he can get Willie to say.

“I have no questions for this witness,” says Eli.

Thank you, God.

Thank you, Eli.

Not necessarily in that order.