by Thomas Gatta
Scott said, “Well, maybe we can use the testimonies of the NATO officer and Afghan official tomorrow to make a start on helping them understand the picture. Admittedly, it would be nice to have some hard evidence and a witness or three.”
Cohen leaned over the table and his now empty paper plate and said, “So, tell me about the jury. What do you know about the people on it? Who are they, and how have they been reacting to the testimonies so far?”
“We have your usual Northern Virginia take,” said Maddie. “Four retirees, two federal Government employees, an IT guy, a stay-at-home mom with high school kids, a federal contractor, an accountant, a teacher, and a FedEx delivery man. We did our usual surveys and questions, but we’re also asking Rick to look more into their backgrounds for us.” Rick was one of the office’s paralegals and an expert on digging up information on jurors.
Scott added, “So far we’ve had the jurors’ attention, but aside from a few snickers—frankly in favor of the defense—I don’t think we have a good read on them. As far as I can tell, they aren’t yet committed either way.”
Sommers said, “I don’t recall. Is there anybody on that jury with a military background? They’ll be hard to win over against the defendant.”
Scott said, “Yes, one of our feds and the teacher. No one else checked the box on the survey.”
Cohen raised his eyebrows and asked, “The teacher?”
Maddie replied, “Yes, he teaches history and Advanced Placement Government at a high school in Oakton and also coaches boys soccer there. Young guy, did service in Iraq and used the GI bill to get his Master’s in education.”
Cohen replied, “Hmm. Interesting.”
Sommers said, “Well, chances are he’ll be hard to convince. So will your FedEx man and, I suspect, both the feds. They’ll be conservative.”
Maddie looked at Sommers and asked, “Are you saying only ‘liberals’ will find the defendant guilty?”
Cohen leaned back and looked toward the ceiling. “Maddie, Maddie, it’s probably going to be a mixed bag. You may not be able to categorize everyone correctly. Just be aware that you’re presenting your case to a batch of different people with different views. And find out everything you can about them. Are you sure you don’t want that last piece of the Hawaiian? How about you Scott?”
Both Maddie and Scott shook their heads.
“David? You want it? No? Well then, I think one for the road is in order.” Cohen scooped up the last piece and got up from his chair. “Time to head out. I’ve got to feed my cat now that I’ve eaten well.” Cohen waved on his way out the door and said, “Sleep well kiddies, and be good tomorrow.”
Sommers collected his notes, nodded at Scott and in Maddie’s direction and said, “I’m off, too. Good luck tomorrow.”
Scott waited a few seconds and then looked at Maddie, “So was that helpful or not?”
Maddie gathered up her notes and empty yogurt carton, and stood, saying, “Yes, I think sort of helpful. They’re probably right about needing to know the jury better. Given that we don’t have a lot of hard evidence, the jury’s reception of what we do have will be critical. I just don’t have a good read on them yet.”
Scott replied, “Yup. Let’s see what Rick can turn up. Smith will do his cross of Walker tomorrow. Do you want to take the lead with the NATO and Afghan witnesses?”
“Sure. I’m ready.”
“Okay. I’ll keep an eye on the jury while you do and see what I can see.”
Maddie, heading toward the door nodded and asked, “Are you coming?”
Scott said, “No, I want to review my notes and think a bit. I’ll see you tomorrow.”
Maddie, on her way out, waved and said, “Okay, see you then.”
- 17 -
Kate took a seat in the back of the courtroom again, away from where the SU attorney trio sat. She had SU permission to attend the trial because the prosecution had advised her that they might be calling her at any time for her testimony. Still, Kate didn’t want to draw the SU attorneys’ attention. She also chose a seat that would offer her a good view of the golden boy. Sean looked superb today—navy blazer, khaki pants, blue and yellow stripped tie—the SU sincere uniform. Kate noticed some of the women in the jury checking him out. They needed to beware of his buff body and boyish smile. Both could be devastating.
Kate also checked out the lawyers. Simon Smith looked like he forgot to put the Wheaties on top of his prunes today. His little brown sparrow face of the past couple of days was replaced with a cranky robin look. Kate speculated that he’d finally realized that the golden boy was Dark Heart. Or Smith had discovered that the SU lawyers would encourage him to skirt the law. This probably wasn’t going to be the case he was hoping it would be. No career builder here for him.
The prosecution table looked pretty quiet. The kind of nice-looking male prosecutor, Gardner, was busy checking out his notes. Kate wondered if he’d be examining the witnesses today. Gardner was good yesterday. She’d noticed that several of the jurors were pretty grossed out by the experts’ testimonies about the damage to the bodies. And Gardner had gotten in the words “execution” several times. Not bad. He’d also continued the blond prosecutor’s focus on whether the guns were near the bodies. That was probably a smart move. Kind of hard to shoot Dark Heart if you didn’t have a weapon. Dark Heart liked it that way.
Kate looked at the blond prosecutor. Kozak was her name. She seemed less tense today than earlier in the trial. Maybe Gardner was nicer than the drone. Kate noticed that Kozak was looking at the defense table, particularly at Sean. And Kate was close enough to see that Kozak, unlike some of the other women in the room, wasn’t giving the golden boy a dreamy-eyed look. More vulture-like. Hmm. Dark Heart might be in for some trouble. Kate wondered if he’d give her a call this evening to complain. She’d be waiting. Oh joy.
- 18 -
Smith recalled Walker to the stand and asked him some perfunctory questions to begin his testimony. Then he asked, “So, Mr. Walker, could you refresh the court’s memory? Do you remember whether the defendant called you and your team into the main building on the compound, or did your team decide to go in on its own to assist?”
“I’m sorry. I can’t recall exactly. I think Sean called us in, but I don’t remember whether he was inside or outside when he directed us in.”
“And did Mr. Bennett tell your team anything about why he had gone up to the second floor without the rest of your team?”
“I think he said he went up to help his Afghan soldiers. They were not that good, and he worried that they might get into trouble without him.”
“Mr. Walker, what do you mean by ‘get into trouble?’”
“They could forget protocols and get themselves killed.”
“So, Mr. Walker, Mr. Bennett had expressed concern to you about the capabilities of his Afghan team members and whether they would be competent to carry out the mission?”
Maddie said, “Objection. This is not relevant.”
Smith told the Judge, “Your Honor, this is directly relevant to Mr. Bennett’s state of mind when he went to the second-floor rooms.”
Judge McNamara replied, “I’ll allow it.”
Smith prompted the witness, “Mr. Walker?”
“Yes. We all knew the Afghan soldiers weren’t that good. That’s why we had to take such a large role with them.”
“So, Mr. Walker, it’s certainly conceivable that Mr. Bennett, when he went up to the second floor, was worried that his Afghan soldiers might be in danger?”
Maddie called “Objection, Your Honor. He’s leading the witness.”
McNamara said, “Overruled.”
Walker looked at the defense table and at the SU attorneys seated near the back of the courtroom before replying, “Yes. We all were in danger, but particularly the Afghans who were less experienced and trained than we were. Any time you raid a compound, you risk losing men. Sean was aware of that.”
Smith said, “Thank you, Mr.
Walker. Now I’d like to return to another part of your testimony from yesterday. You said that you did not recall your team checking to determine whether the compound housed a school?”
“Yes. That’s right.”
“Well, in your experience, have Taliban ever used other schools for meetings or recruiting?”
“Yes. Of course.”
“So, even if the Afghans that your team had pulled from the first floor of the building had alerted you that you were entering a school, that wouldn’t have changed your plans?”
“No. We were going off our intelligence that Taliban were present. Sometimes we’d find them in homes, sometimes in hotels or inns, wherever they thought they’d be safe and could conduct their business. And besides, we expected the Afghans we’d pulled out to lie. They certainly wouldn’t be admitting that Taliban were roosting on the second floor.”
Smith said, “Thank you, Mr. Walker. Now I’d like to ask you about your team. Could you describe for me the relationships among you and your American teammates?”
Maddie stood and interjected, “Your Honor, this is not relevant.”
McNamara said, “Please, Ms. Kozak, be seated. Mr. Smith, do you have a point with this line of questioning?”
“Yes, Your Honor.”
McNamara peered over her glasses at Smith and replied, “Fine. Then I’ll allow it, but make your point soon and don’t waste the court’s time and my patience.”
Smith replied, “Thank you, Your Honor.”
“Mr. Walker, could you describe the relationships for the court quickly?”
Walker nodded, and said, “Yes. We all got along fine.”
Smith asked, “Any rivalries, Mr. Walker, friendly or otherwise?”
“Well, sort of. We all are pretty aggressive guys, and we all wanted to do well with our missions.”
Smith was beginning to sweat under his suit coat. He hoped the SU lawyers knew their business and weren’t trying to screw him and his client. Simon walked over to Walker and said, “Mr. Walker, what form did that aggression take?”
“Oh, mostly we just razzed each other.”
“I see. And what about during operations?”
“We all wanted in on the action, and we all wanted to be the ones that management praised. Hey, the mission may be first, but promotions are great, too. I mean, not one of us wants to be a terminal GS-12.”
Smith looked toward the jury box in response to several snickers from that direction.
Turning back to his witness, Smith asked, “And did Mr. Bennett ever prevent you from ‘being in on the action?’”
“Sean was the team lead, and he, or sometimes Bob, went into buildings first to flush out the terrorists. Sometimes the rest of us felt a bit pushed to the side. We didn’t get as much of a chance to fight as Sean and Bob, but we understood the way things were.”
“So, would it be fair to say, Mr. Walker, that the rest of you wouldn’t be that eager to see Sean going into the main house on the compound first and without the rest of you?”
“Yes, that would be fair.”
“And that you felt left out of the action?”
“Sort of. I guess, yes.”
“And that you and your team members would be reluctant to move any weapons to make it appear that Sean had, in fact, killed terrorists in that upstairs room, because that would have only added to his reputation at the expense of yours?”
Maddie said, “Objection, Your Honor. This really is reaching and not relevant.”
“Sustained. Mr. Smith, are you asking again if the witness moved the weapons? Where are you going here?”
Smith looked at the Judge and said, “If Your Honor will bear with me for just a minute, I believe the point is important.”
McNamara gave a huff and said, “I certainly hope so. I’m getting hungry, and you’d better make that point soon. Continue.”
Walker looked at Smith and, shrugging his shoulders, said, “We’d never do anything to hurt Sean. We just wanted in on the action, too. He’d already made his reputation as a terrorist hunter. He didn’t need to add to it.”
Smith asked, “So, Mr. Walker, you’re telling me that your team had no reason to move any guns near the bodies? Mr. Bennett didn’t need to prove he’d killed more terrorists, because he’d already achieved a reputation for having defeated many Taliban and Al Qa’ida. And, in fact, the team members wouldn’t really want to take any actions—such as moving guns near the bodies to make sure that outsiders believed those men who were killed were even more dangerous than they were—because that would add to Mr. Bennett’s fame at the expense of their own?”
Walker looked slightly confused but said, “That’s about right, Sir.”
Smith walked back to the defense table “Thank you, Mr. Walker. I have no more questions now.”
Maddie asked, “Your Honor, may I readdress the witness?”
Judge McNamara looked at Maddie and paused. “Can you be brief, Ms. Kozak? The court would like to break for lunch.”
“Yes, Your Honor.”
“Fine. Ask your questions.”
Maddie approached the witness. “Mr. Walker, you agreed with Mr. Smith that your team did not want to add to Mr. Bennett’s fame and so had no reason to move the guns? Is that correct?”
Walker nodded.
“Mr. Walker, is that a yes?”
“Yes, Ma’am.”
“But you wouldn’t want to hurt Mr. Bennett, either?”
Walker looked over at the defendant. “Of course not. We may envy Sean, but we all like him.”
Maddie smiled at Walker and asked him, “And so would your team take measures to protect him?”
Walker raised his eyebrows and nodded affirmatively, “Yes, of course.”
“Even to the point of moving weapons so that it would appear he’d shot Taliban members and not schoolboys? Because he could get in serious trouble for killing school children?”
Smith stood and called out, “Objection, Your Honor.”
Judge McNamara sighed and said, “Overruled. Answer the question, Mr. Walker.”
Walker looked at the SU attorneys in the back of the room and stated, “Sean killed terrorists, Ms. Kozak. And the weapons in the pictures are what was there.”
Maddie turned back to the prosecution table, saying, “Thank you, Mr. Walker.”
Then she turned around again and said, “I’ve one more question, though. What did your team do with the weapons you photographed at the compound?”
“What did we do with them? You mean after we photographed them?”
“Yes. Did you leave them there or take them with you?”
“Oh, well, we couldn’t just leave them there for the Taliban to get later. We gathered them up and took them back with us to our base.”
“Thank you. I’ve no more questions at this time.”
Judge McNamara nodded, cracked her gavel, and said, “Court is adjourned for lunch until 2:00.”
- 19 -
Scott, seated at the prosecution table, was taking notes and watching the jury as unobtrusively as he could while Maddie questioned the NATO officer, Colonel John Marsh, who had led the NATO investigation into the killings at the school. Maddie was doing a thorough job with Marsh, but he was dribbling out the official line to her. The Colonel, a tall, well-built, graying West Pointer who was now assigned to a staff job at the Pentagon, recounted that NATO had authorized the raid based upon what it later determined to be inaccurate information. Marsh said intelligence reports had indicated that a group of known Taliban members and bomb makers were meeting at the compound to plan and launch eminent attacks against coalition forces. The Colonel told Maddie that, at the time, the reports seemed credible because the Taliban had increased operations in the area. After the fact, NATO worked with the Afghan Government to investigate claims from local Afghan officials and the public that most of the individuals killed during the raid were schoolboys rather than Taliban members.
The Colonel explained to the court tha
t, just after the raid in 2009, rumors were flying in Khandahar that the schoolboys were specifically targeted, dragged from their beds, handcuffed, and summarily executed. NATO, along with the Afghan Government, investigated, Marsh said, to discover what really happened and to quiet what appeared to be unfounded allegations.
The Colonel described the investigation his team did in conjunction with the Afghan Government team, including conducting interviews of the locals, examining the site, and photographing the compound where the raid had occurred. He said he learned that a joint Afghan-American unit conducted the nighttime raid. Marsh told the court that NATO investigators concluded that the dead probably were civilians and that the intelligence that prompted the raid was either wrong or provided purposely to prompt a raid that would spark public anger.
The Colonel was good, Scott thought. No wonder he’d risen to an important staff position. Marsh looked honest and sincere. And he used a lot of words but gave away nothing.
In particular, Marsh didn’t say, and Maddie couldn’t drag from him, that the Americans who participated in the attack were SU Ghost officers; that wasn’t in his brief. Nor could Maddie get the Colonel to admit to any NATO qualms about the location of the wounds and the possible way the victims were killed. Marsh said his investigators had no way to determine whether public claims regarding how the victims were killed were true, as no witnesses to the killings had come forward. The most Maddie could get from the Colonel was that he had recommended further investigation of the killings by American authorities. He wouldn’t say which authorities. Marsh said he was not aware of any actions undertaken relative to his recommendation for additional investigation of the killings.
Scott noticed that all the jury members were watching the Colonel carefully, and several were nodding their heads as he testified. Two of the retirees were taking notes, as was the high school teacher and the federal contractor. The stay-at-home Mom, Scott noticed, didn’t flinch when the Colonel mentioned that the NATO team determined that the dead were civilians, with the implication being that they may well have been schoolboys. She did nod her head affirmatively when Marsh said the raid was carried out to prevent an eminent attack against coalition forces. The accountant, an attractive, well-dressed young woman in her twenties, raised her eyebrows and leaned forward when Marsh said NATO investigators found that the intelligence was wrong or planted.
