Peter Robinson - The Tribunal

Diane slept most of the way home. It was almost 1:00 a.m. when they pulled up to their row house in Wassenaar.

Kevin was still too wired to sleep. He had a closing argument to give in a few hours in the most important case of his life. He went up to his office and began banging it out on his computer. When he was done, it was almost 5 a.m. There was no point in sleeping.

Kevin got on the Internet and checked the coverage of Draga’s trial. He saw the Reuter’s News Service headline first: “War Crimes Suspect Puts Up No Defense.” He read the story, which had apparently been put on the wires from a story written by Toma Lanko for the Bosnia News Service. The story revealed that for the first time in the history of the War Crimes Tribunal, an accused had called no witnesses in his defense.

Kevin found Lanko’s original story. Lanko made no mention of Bradford Stone or of Kevin’s cross-examination of Chief Investigator Jacobson. Instead, he quoted unnamed sources in Serbia decrying the Tribunal’s appointment of an American prosecutor to represent Draga. He also quoted the Registrar of the Tribunal as saying that it was the first time in the history of the Tribunal that no defense had been offered for an accused. He noted that thousands of dollars of public money had been disbursed to Draga’s defense team for experts and investigators, and promised to look into how that money was spent.

Kevin groaned at the slanted and inaccurate coverage of the trial. This would just confirm the Serbs’ suspicions of him. All he could do was pray that Ellen would be found today, or that the kidnappers would at least wait to hear the verdict.

Kevin went on his regular run at 6:00 a.m. He tried to put everything out of his mind except his closing argument. He went over the argument in his mind as he ran under the streetlights on another cold and wet morning. The more he thought about it, the more convinced he became that he was going to win Draga’s trial.

Kevin didn’t even notice the runner who came up from behind him until the man was running alongside. When he looked over, Kevin saw Pete Barnes. “Thought I might find you here,” Barnes said.

“Guess I’m predictable.” Kevin said.

“You may be the least predictable guy I know,” said Barnes, chuckling.

“I know this isn’t a coincidence. What’s up?”

“I just wanted to thank you, Kevin. Most lawyers would have used those reports and the tapes. They would have rationalized away their client’s best interests in a thousand different ways to make it coincide with their own. But you stood tall, Kevin. I’ll always have great respect for you for that.”

“Thanks. I owe you an apology for accusing you of kidnapping my daughter.”

“Hell, I would have thought the same thing if I were in your shoes.”

“Well, I hope things turn out. They found the farmhouse where Ellen was kept last night.”

“I know. Last night after I heard that you weren’t going to name us in court, I mobilized our people. You wouldn’t believe what is going on as we speak. We’ve got people at CIA Headquarters in Virginia listening to conversations and reading faxes from Serbia. We’ve got so much coverage this morning that we know when someone turns a light bulb on anywhere in that damn country. Your daughter will be found, I know it.”

“I’m going to win this trial. One way or the other, I hope we get Ellen back soon.”

“Give ’em hell today. We’ll get Draga out of those charges in the other countries if you win.”

“I was hoping you would.”

When they reached Kevin’s street, Barnes waved as Kevin turned left toward his house.

Kevin was pumped up as he ran up the stairs to his bedroom. He hadn’t slept, but his adrenaline was racing and good news seemed to be right around the corner.

Diane was getting dressed when Kevin arrived. She was still subdued when Kevin greeted her and gave her a kiss. Kevin determined to ignore their problems for the rest of the day and do his part at helping win Ellen’s release.

Kevin made small talk with Diane as they drove to the Tribunal. When they walked into the courtroom, he saw that a handful of people were in the visitors’ gallery. Most of them appeared to be court and prosecution employees. It reminded him who was still the home team.

After the judges entered, Charles Oswald rose to give his closing argument. “Your Honors,” Oswald began, “this is a case about murder, torture, and rape. It is not a case about prosecutorial misconduct. Please do not be distracted by the unfortunate events involving Mr. Stone. The bottom line is that despite too many regrettable incidents, this court has given the accused a fair trial, represented by able counsel.”

All three judges listened intently as Oswald summarized the testimony of each victim who had testified. His paralegal flashed pictures of the victims on the courtroom screens as Oswald described their suffering. Oswald talked for an hour and a half, and did not once mention Draga.

Kevin shifted uncomfortably in his seat. Oswald was making a powerful argument, but what did it have to do with Draga? As if reading Kevin’s mind, Oswald asked, “What is the responsibility of the accused for all of these atrocities?”

He then had his paralegal play a portion of the tape where Draga told Ed Bradley of “60 Minutes” that the Muslims should be forced to leave Bosnia and live in Turkey or some other country. “Bosnia is and always has been part of Greater Serbia,” Draga was heard telling Bradley. “And if they won’t leave on their own, we’ll give them a choice. They can leave on a bus or in a box.”

Kevin tried not to grimace.

Oswald played a few other excerpts, and then got to his punch line. “The evidence has shown that the accused fed the climate of fear and terror that led directly to these events in Bosnia. Just as a person who brews the poison cannot escape responsibility by claiming that someone else administered it, the accused cannot escape responsibility in this case for the horrible acts of inhumanity that he promised the world he would bring to Bosnia.”

A feeling of nervousness swept over Kevin. Are the judges buying this crap ? he wondered. They sure looked attentive while Oswald spoke. Oswald had done what prosecutors do when they have little hard evidence against the accused. He had focused on the victims and the heinous nature of the crimes, and glossed over who was responsible. Kevin had to make the judges see through that.

The court recessed for lunch before hearing Kevin’s closing argument. Kevin remained in the courtroom. He smiled as he saw Allen Jacobson take his laptop with him as he left.

After going through his argument a final time, Kevin went down to the basement holding cell to talk to Draga. He told him the latest news about Ellen and the farmhouse.

“They’re going to find her,” Draga predicted. “You’ll get a call any minute.”

“I hope so,” Kevin paced around the small room, more nervous than he wished to admit.

“Kevin, I want to thank you for everything you’ve done for me and my family. No matter what happens. You’re the best damn lawyer I’ve ever seen. But more than that, you’ve been my friend. And I’ll never forget that.”

Kevin was touched. “You’ve been a great client and friend, too,” he said, meaning every word. “I’m going to go out there this afternoon and win your case so you can reunite with your family. Then, I’m going to see my daughter again. Then, the Giants are going to squash the Ravens on Sunday. And then I’ll call it a week.”

The two men laughed.

Kevin returned to the courtroom to try to win his case – and Ellen’s freedom.

A hundred miles away, an oversized, muscular man looked out the window of the train as it passed through the emerald green Dutch countryside.