Peter Robinson - The Tribunal

“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.