Word of Honor (67 page)

Colonel Gilmer said, "Let's resume." He looked around the room and said,

"In addition to the sworn statements for the defense and the prosecution, we have an unswom statement from Mr. Andrew Picard, whose role in this case is well known to all parties. It is within my power as investigating officer to call Mr. Picard to testify under the category of an additional witness. This is done in the interests of justice, fairness, and a complete investigation. " He looked at Corva. "Do you understand that Mr.

Picard is my witness and not the government's witness?"

Corva stood. "I fail to see the distinction between you and the government, Colonel, but I'll play ball."

Colonel Gilmer seemed to want to explain the difference but had second thoughts and went on to the next required point. He looked at Tyson.

"Would you please rise, Lieutenant?"

Tyson stood.

Colonel Gilmer read from his guide. "Lieutenant Tyson, before proceeding further, I now ask you whether you have any questions regarding your right to remain silent concerning the offenses of which you are accused; your right to make a statement, either sworn or unsworn, if you choose to; the use that can.be made of any statement you do make; your right to cross-examine witnesses against you; or your right to present anything you may desire in your own behalf, and to have me examine available witnesses requested by you either in defense, mitigation, or extenuation."

Tyson wondered who made up these endless sentences.

Corva replied, "My client has asked me to explain to him why he is being offered the right to present statements or evidence in mitigation or extenuation. He says this is like being asked to give an excuse for something you never said you did. I admit to you, Colonel, I'm stumped by my client's question, and I thought that maybe somebody in this room could answer him."

Colonel Gilmer cleared his throat and referred again to his procedural guide. At length he said, "I may not proceed further until I am convinced that the accused understands what I have just read. It is general practice in these cases,

520 * NELSON DEMILLE

Mr. Corva, that if the accused is represented by counseland he apparently is-"

The prosecution desk chuckled.

"Defense counsel generally indicates that he has explained these matters to the accused beforehand, and they are understood." He added, "I have never had any other experience after reading that statement to the accused."

"Nevertheless," said Corva, "my client, who is as innocent of the law as he is of the charge, has asked a commonsense question that 1, as a lawyer, am not qualified to answer. "

Colonel Pierce rose and said, "If it please the colonel .

I am not in the habit of assisting the defense or the accused in comprehending what their rights are. But in the interests of fairness and justice, I would like to explain the meaning of extenuation and mitigation as it relates to this hearing." He looked directly at Tyson. "In commonsense language, Lieutenant, suppose you were called in to the school principal and accused of hitting Tommy Smith. And you say, 'I never hit him, and he deserved it anyway.' That is a statement in defense, extenuation, and mitigation, all in one. "

Tyson replied, "It sounds a lot like an admission of guilt to me, Colonel."

Colonel Pierce smiled.

Tyson leaned toward Corva. "Is this guy serious?"

"We are on the wrong side of the looking glass. Everyone here is nuts, and if we stay much longer we will start believing them. Tell the asshole you understand."

"Which asshole?"

"Oh . . . Gilmer. "

Tyson looked at Colonel Gilmer. "Colonel, I fully understand and accept Colonel Pierce's explanation and example of how I may offer excuses for something I don't admit I did."

Gilmer nodded, pleased that the matter was resolved.

Tyson took his seat, and Corva sat also. Corva said to Tyson, "We made our point."

"We're making lots of points, Vince. But when I got here, the scoreboard showed they'd started without us and won. "

WORD OF HONOR 9 521

"No sweat."

Colonel Gilmer said to Corva, "You have indicated that you wish to call as witnesses the following individuals whose sworn statements are in the files: Mr. Paul Sadowski, Mr. Anthony Scorello, Mr. Hernando Beltran, Mr.

Lee Walker, Mr. Louis Kalane. I have arranged for the appearance of those witnesses at government expense, and they are present. Mr. Corva, you may call the first witnesses by instructing Sergeant Lester"-Gilmer nodded toward the sergeant at arms--as to their whereabouts and which of them you want called first."

Corva stood. "I do not wish to call any witnesses." He sat.

Colonel Gilmer leaned forward across the podium. "Is it not your intention, Mr. Corva, to call the witnesses for the defense?"

"No, sir, that is not my intention." Corva doodled on a sheet of yellow paper.

Colonel Gilmer said, "Mr. Corva, these five men were brought here at your request. They were transported, lodged, and fed at government expense. If you did not intend to call them to testify in your client's behalf, why did the government, at taxpayers' expense, go through the trouble of bringing them here?"

Corva looked up from his doodling. "Colonel, the government sent these five men to Vietnam for a year at the taxpayers' expense. They can send them to New York for a reunion at taxpayers' expense too. Small recompense."

Colonel Gilmer's voice rose. "Mr. Corva, I've been quite patient with you.

If you had no intention of calling those witnesses, there was no reason to bring them here."

Corva replied, "Colonel, the decision to call or not call defense witnesses is solely mine and the accused's and can be made at any time. I choose not to call these witnesses."

Colonel Gilmer nodded tersely. "That is certainly your right. "

Tyson looked at Sergeant Lester, who seemed disappointed, then at Colonel Pierce, Major Weinroth, and Captain Longo. They were concealing their disappointment much better. He looked at Karen Harper and caught her eye, but she looked away, so he turned to the court reporter, who 522 * NELSON DEMILLE

smiled at him again. They held eye contact for a while until Colonel Gilmer said, "Lieutenant Tyson, do I have your attention?"

"Yes, Sir."

"In lieu of defense testimony, I will consider the sworn statements of the five named defense witnesses, if that is your wish."

Corva answered, "That is our wish, Colonel."

"Fine. Do you want me to call any witnesses whose names have not been entered as witnesses? If so, give me their names and organizations or addresses."

Corva replied, "We would like to call the following witnesses as either defense witnesses or impartial witnesses: Daniel Kelly, Michael DeTonq, and the French-Vietnamese nun known only as Sister Teresa."

Colonel Gilmer seemed prepared for this. He said, "Do you have their organizations or addresses, Mr. Corva?"

"I have last-known addresses, Colonel. I believe you have those too."

"Yes, I do. And I've made every effort to contact these people but have been unsuccessful."

"Then we must consider the investigation incomplete."

Colonel Gilmer shook his head. "Mr. Corva, since there is no way you can convince me or anybody that the appearance of these witnesses would aid your client's defense, it would not prejudice your client's rights if they were not present. The prosecution could just as easily claim they are government witnesses. The witnesses being absent and having shown no sign of life for approximately ten, eighteen, and two years, respectively, we might assume they are dead., "

Corva replied, "I know government workers who have shown no sign of life for decades but are promoted nevertheless-"

Sergeant Lester stifled a laugh and wound up coughing.

Corva continued, "But for purposes of this investigation and hearing I will table this request if you will assure me that the government will continue looking for these witnesses until these charges are finally disposed of in one way or the other."

Colonel Gilmer thought a moment, and Tyson wondered if he was thinking about the taxpayers again. Gilmer said,

WORD OF HONOR 9 523

"That is a reasonable request, and you have my assurances on that."

"Thank you, Colonel."

Tyson said to Corva, "I never said I wanted them found."

"Don't worry about it. Adds to the drama."

"What if they do turn out to be witnesses for the prosecution?"

"Sh-h-h--Colonel Gilmer wants to speak."

"Vince!"

Colonel Gilmer cleared his throat. "Lieutenant Tyson, if you are aware of any military records which you want me to consider and which you have been unable to obtain, give me a list of those documents at this time."

Corva said, "We have been trying for some time, through Major Harper, to obtain the orders authorizing Lieutenant Tyson to wear the Silver Star for valorous acts performed in the line of duty in connection with military operations against an armed enemy, on 15 February 1968, in the vicinity of Hue City - "

Colonel Pierce said to his assistants, loudly enough for everyone to hear,

"What the hell does he think this is-an awards ceremony?"

Colonel Gilmer looked briefly at Pierce and then turned to Karen Harper.

"Major."

Karen Harper stood. "Mr. Corva, I have with me Lieutenant Tyson's orders authorizing the Silver Star."

Tyson glanced at Corva, then turned back to Harper.

She continued, "The orders were apparently never forwarded, or they were believed to be forwarded. In any case they are in my possession."

Corva stood. "May I put them in my possession?"

She replied, "Certainly." She came around her table and carried a large manila envelope to Tyson. She said, "In addition to the orders, the envelope contains the actual medal and a ribbon."

Tyson replied, "Thank you, Major. That was thoughtful of you to procure the medal itself."

"Not at all." Her back to the room, she smiled at him, turned, and returned to her chair.

Corva said, "She's got it for you, lover."

"Fuck off."

524 0 NELSON DEMILLE

Corva said to Gilmer, "May I take a moment to look at this?" He opened the envelope and slid out the contents. He read the citation proposed by Daniel Kelly and endorsed by Captain Roy Browder. It was a description of the action and the heroism that led to the award. It was general, describing the usual valor, self-sacrifice, and actions above and beyond the call of duty. But there were few specifics, and there was no mention of a hospital.

Most importantly, the citation stated the date of 15 Februaryand mentioned daylight action to distinguish it from something that might have happened before dawn or after sundown that day.

Corva drew a small blue box toward him and opened it. Inside, on a piece of white satin, lay the Silver Star. Beneath it was the small red, white, and blue rectangular ribbon. Corva took the ribbon from the box. "Turn this way."

"I can't wear that, Vince."

Colonel Pierce stood. "This is not an awards ceremony, Mr. Corva. "

Corva paid no attention and pinned the ribbon over Tyson's two rows of existing ribbons. "There, it's the first one you wear, so we don't have to move any. " Corva patted the rows of service ribbons. "Good. Real hero." He stood and turned to Pierce. "Colonel, Lieutenant Tyson has waited eighteen years for the Army to find this. You can damned sure wait thirty seconds while I pin it on him."

Pierce seemed about to say something, thought better of it, and sat down.

Corva turned to the front of the room. "Thank you, Colonel, and thank you, Major Harper."

Gilmer said to Tyson, "Congratulations. Now if we may-"

Corva interrupted. "Excuse me, Colonel, but I would like to point out to you that this award should be considered by you as evidence as you weigh and evaluate the facts in determining the truth of the matters stated in the charge sheet. "

Colonel Gilmer didn't reply.

Corva continued, "I don't have to point out that the citation for this award and the charge sheet are two completely different documents which address themselves to the same event."

WORD OF HONOR 9 525

"No," said Gilmer, "you don't have to point that out. I figured that out for myself."

"Good," said Corva. "One can't be too careful when defending a man charged with murder."

Colonel Gilmer let out a long breath. He turned a page in the book before him and said, "Lieutenant Tyson, if you have any physical or real evidence which you have not introduced, you may introduce it at this time."

Corva replied, "We have no such evidence."

"Are you aware of any other evidence that you want me to consider and which you have been unable to obtain? If so, let me know now."

Corva stood. "We have no such evidence. And, I should point out, neither does the prosecution. I would like you to consider, Colonel, that the government has not even established that any deaths, legal or illegal, took place as specified in the charge sheet. Specifically, there are no corpses nor any photos of corpses nor any death certificates nor anyone who personally knew any of the alleged victims who can testify as to that alleged victim's present condition. I realize that it is not mandatory for the government to produce a corpse to substantiate a charge of murder, but a corpse or two is not too much to ask, if they are alleging over a hundred deaths."

Colonel Pierce stood and said sharply, "Mr. Corva, the government has no corpses to provide in order to satisfy your ghoulish sense of curiosity or your inane suggestion that there were no deaths at that hospital. If you-"

Corva's voice cut him off. "I am not saying there were no deaths! I have here a citation for a Silver Star that speaks of deaths. And if the government has no corpses, the defense does: Larry Cane and Arthur Peterson. Killed in action against an armed enemy, Colonel Pierce. And I have death certificates giving time, place, and cause of death. And until recently, I would have said I even knew why they died. Now that the government is trying to strip these menliving and dead--of their honor and their dignity, I can no longer say why." Corva sat.