Kevin’s body tingled with excitement, but he dreaded telling Diane.
He knew he had made a kind of promise to his wife, but at the same time he was sick and tired of being on the sidelines. In his heart, he knew that he would never get a job with the prosecutor’s office – even if the funds became available any time soon. He had made too many stout adversaries in that department.
When he heard the gate open and saw Diane and Ellen walking their bicycles into the back yard, Kevin opened the door and greeted them.
Once they were all inside, he could wait no longer.
“I’ve got some news. I’ve been assigned as temporary defense counsel at the Tribunal.”
“Does that mean we can stay, Daddy?” Ellen asked excitedly.
“I don’t know yet,” he said cautiously. “The defendant will have to decide to keep me, and I’ll – well, there’s some other considerations.”
“Well, I guess congratulations are in order,” Diane smiled wanly.
“Goody, goody,” Ellen squealed. “We can stay!”
That night, alone in the living room, Kevin switched on CNN. The story he was looking for came third after the top of the hour.
“United Nations troops arrested the infamous Serbian warlord Draga last night at the Romanian border with Serbia,” the announcer reported. “The arrest of Dragoljub Zaric was made after a rival Serbian gang reportedly kidnapped him and delivered him to U.N. officials. Zaric has now been transported to The Hague where, along with Slobodan Milosevic, he becomes one of the most significant persons arrested for the War Crimes Tribunal.”
A picture of a brash, confident man in his mid-thirties, tall, and well groomed, flashed on the screen. He was wearing a black beret and black Ninja-like uniform. Other footage showed him at his wedding, when he was married to a popular Serbian movie star, and at a Belgrade stadium cheering on the local soccer team.
Kevin found a yellow legal pad and began jotting down notes.
“The Black Dragons, a paramilitary group headed by Draga, is believed responsible for thousands of deaths during the war in Bosnia. Draga has been one of Europe’s most wanted fugitives. In addition to his alleged war crimes, Draga is wanted by authorities in Belgium, Sweden, and Germany for a string of robberies in the 1980s. He previously escaped from a German prison. Security is expected to be tight when he makes his first appearance before the U.N. War Crimes Tribunal.”
Kevin turned off the TV as the announcer went on to the next story.
He was surprised to see that he had been silently joined by Diane and Ellen.
“Is that your client, Daddy?” asked Ellen, wide-eyed.
“Well, for the time being,” he said, sneaking a quick look at Diane.
“He’s handsome,” Ellen said. “He can’t be all bad – a movie star married him. Will you be on TV, too, Daddy?”
“Ellen, you have that report to work on,” Diane said sternly. “Run upstairs now.”
When they were alone, Diane sat on the couch. She put her head in her hands.
“When you went to Seattle and prosecuted that Neo-Nazi group, I was so proud of you. I was hoping I’d feel the same way about your work here. But now – ”
“Look, honey,” he stammered, “this wasn’t what I had in mind.”
Kevin saw that her face was filled with pain and fury.
“Not what you had in mind? Kevin, are you crazy? Milosevic is Bosnia’s Hitler and this guy Draga is Himmler for God’s sake! And you’re his defense lawyer?”
“I – uh, well, I really didn’t know who he was when I agreed.”
“You know now! What are you going to do about it?”
“I have a responsibility here, Diane. I’ll have to meet with him. It’s just temporary.”
“You’re on the wrong side!” she hissed.
Diane rushed from the room.
The next day, Kevin rode his bicycle to the Tribunal’s detention center, located at a Dutch prison near the dunes at Scheveningen. It was not far from where he and Nihudian had eaten fries with mayonnaise.
At its entrance was a huge brick gate with a coat of arms on the top. The prison complex, built in the 19th century, had been used by the Nazis to imprison members of the Dutch resistance when Germany occupied Holland during World War II.
After showing his ID and passing through a metal detector, Kevin was directed to a brick building called “Unit 4,” and eventually to a windowless interview room.
A few minutes later, the door opened and Kevin found himself face to face with the infamous Draga. He seemed even bigger than he had on television. His muscular arms were huge.
“I’m Kevin Anderson.” Kevin extended his right hand. “The Tribunal has assigned me to be your lawyer – at least for the time being.”
Draga looked at Kevin’s hand, but did not take it. He remained standing.
“An American?”
“Yes.”
“I don’t need a lawyer.”
Kevin looked up at Draga standing over him, trying not to show any fear.
“What do you mean you don’t need a lawyer?”
Draga spat out his words: “This War Crimes court is a joke. There is no justice here. They paid a bunch of hooligans to kidnap me from my home. They dragged me here in chains. I am a prisoner of war. This is nothing but an imperial American show trial to justify its genocide against the people of Serbia.”
“Your English is very good,” Kevin said, trying to diffuse Draga’s anger. “But you still haven’t told me why you don’t need a lawyer.”
Draga glared at him. “I am not going to participate in this illegitimate court. Let them do with me what they wish.”
Kevin looked at Draga. His first case as a defense lawyer was starting badly. Did he really want this angry man for a client? “Look, it’s your decision. I can tell you that the Tribunal will probably assign you a lawyer whether you think you need one or not.”
“What can you do for me?” Draga demanded. “Get me out on bail?”
“I suspect not.”
“Help me escape?
“Definitely not.”
“Then you are wasting my time.”
“You don’t seem to understand, Mr. Zaric. The Court is going to give you a lawyer whether you want one or not. And no lawyer is going to get you out on bail or help you escape.”
“Can I represent myself?”
Kevin thought about that. He wanted to be honest with Draga. “I suppose so.”
Draga was silent again.
“But even when a person is allowed to represent himself,” Kevin continued, “the Court usually appoints a lawyer as standby counsel. So you’re going to have a lawyer in your life one way or the other.”
“I don’t need a lawyer.”
They were back to square one.
In some sense, Kevin was relieved. It seemed to be working out for the best. Obviously, he wouldn’t be on this case that long. It would be a professional escape, and a personal one as well.
Kevin shrugged. “Tell it to the Court tomorrow. Meanwhile, until I’m off the case, I’m required to appear in court with you.”
Draga said nothing.
“I brought a copy of the charges against you,” Kevin continued, placing a thick group of papers on the table.
Draga made no effort to pick them up or look at them.
“Basically, you’re charged with about every crime that occurred during the war. The Tribunal has what they call ‘superior responsibility.’ Under their rules, commanders are responsible for the war crimes of their men if the commander knew or had reason to know of the crimes and failed to prevent them or punish the persons who had committed them. It’s very broad.”
Draga showed no reaction.
“Tomorrow, you’ll be asked to enter a plea.”
Draga turned and walked toward the door from which he had entered, signaling an end to the interview.
“I guess I’ll see you in court tomorrow,” Kevin said weakly.
Draga turned and stared at Kevin. “I told you. I don’t need a lawyer.” Then, he opened the door and left the room.
Kevin walked out of the prison and got back on his bicycle. As he rode on the bike path along the sand dunes towards Wassenaar, he realized how much he preferred being a prosecutor. As prosecutor, he’d always called his own shots. This defense work felt too much like being someone’s stooge.
The next day, Kevin was shown to Courtroom 1 at the Tribunal where Draga would be arraigned. The courtroom was much bigger than Courtroom 2, and had a large visitors’ gallery – separated from the courtroom by bulletproof glass – that held about 150 people. Kevin looked out and saw that every seat was taken.
The prosecution team was at its table on one side of the courtroom: Charles Oswald and Bradford Stone.
Kevin frowned at the sight of his nemesis, Stone.
When he moved toward the defense table, Kevin was surprised to see defense counsel Vladimir Krasnic, who had made such a point to embarrass him during the cross examination of Nihudian, seated in one of the chairs.
“Ah, it’s the one-Euro lawyer,” Krasnic said.
Kevin tried to smile.
“Well,” Krasnic said, straightening the front of his robes, “I don’t believe your services will be required in this case, even at your discounted rates.”
“What do you mean?”
“Mr. Zaric will be requesting that I be his assigned counsel.”
Kevin could not believe what he felt. He knew that Draga had the right to choose his assigned counsel from anyone on the Tribunal’s list. And a big part of him wanted off the case, today, now. And yet – he was disappointed. Was it the excitement of finally standing in the Tribunal’s courtroom wearing a black robe, only to be shown the door? Did he wish for an opportunity to lance Stone where it would hurt the most: in his puffy British ego?
When Kevin heard a door open behind him, he turned and saw Draga enter, surrounded by light blue uniformed guards. As soon as Draga appeared, the smooth, silver-haired Krasnic was on his feet, making his way to talk with him. The two men greeted each other warmly.
Kevin sat down. He could see it would be over quickly.
Diane would be pleased, and Ellen would be disappointed.
“All rise! Veuillez vous lever!” the usher bellowed, as an elderly judge entered the room. It was William Davidson of Great Britain. He was reputed to be the most cantankerous of the Tribunal’s judges.
“Call the case,” he ordered.
The clerk announced, “Prosecutor against Dragoljub Zaric, case number IT-96-30. Counsel, announce your appearances please.”
Kevin rose with the other lawyers.
“Charles Oswald and Bradford Stone for the Office of the Prosecutor,” Oswald said in a firm voice.
“Vladimir Krasnic for Dragoljub Zaric, Your Honor.”
It was Kevin’s turn. “Good morning, Your Honor,” he said, edging over to the podium where Krasnic was standing. “I am Kevin Anderson. I was asked by the Registrar to be temporary counsel for the accused.” He then sat down.
Judge Davidson said nothing for a moment. Then he addressed Vladimir Krasnic. “Mr. Krasnic, has the accused retained you to be his counsel?”
“No, Your Honor. He is requesting that I be his assigned counsel.”
“Very well.” Turning to Draga, Judge Davidson asked, “Mr. Zaric, do you request that the court assign Mr. Krasnic to represent you?”
Draga was looking down. He did not look up or say anything.
“Mr. Zaric, can you hear me?” the judge asked, tapping on his microphone.
Draga stood up slowly and looked directly at Judge Davidson. He spoke in a loud, defiant tone. “This court has no jurisdiction over me. You have kidnapped me from my sovereign country. I am a political prisoner. I refuse to participate in your show trial.”
Draga sat down.
Judge Davidson’s face reddened. “Mr. Zaric, do you request that Mr. Krasnic represent you or not?”
Draga again was silent. He looked at the judge defiantly, crossed his arms, and said nothing.
“Mr. Zaric, I ask you for the third and final time. Is it your request that Mr. Krasnic represent you?”
After a second or two of silence, Vladimir Krasnic rose. “May I have a moment with my client?”
“Yes. I believe that would be advisable.” Judge Davidson’s tone signaled a warning.
Krasnic walked over and whispered to Draga. The two men spoke out of earshot, then Krasnic returned to the podium. “Your Honor, I believe that Mr. Zaric feels that by requesting counsel, he is somehow consenting to the legitimacy of these proceedings. He does not wish to do that. Perhaps the Court will accept my representation, as an officer of the Court, that Mr. Zaric desires the Court to assign me as his counsel.”
Judge Davidson shook his head. “No, Mr. Krasnic. This man isn’t going to get any special treatment. The temporary counsel assigned by the Registrar will represent Mr. Zaric until he makes a request for a specific lawyer.”
Judge Davidson looked at Kevin. “What did you say your name was, counsel?”
“Kevin Anderson, Your Honor.”
“Mr. Anderson, are you ready to proceed with the arraignment?”
“Yes, Your Honor.” The words came out weakly. Kevin’s heart was racing at this turn of events.
“Will the accused please rise?”
Kevin turned and looked at Draga. He was still seated, staring coldly at the judge.
“Will the accused please rise,” Judge Davidson repeated more forcefully.
Draga made no effort to move.
“I order the guards to bring Mr. Zaric to his feet.”
The two guards flanking Draga attempted to pick him up out of the chair. They struggled to do so as Draga went limp. Soon, two more guards rushed over. The four of them lifted Draga out of his chair and propped him up in a standing position.
Kevin caught Draga’s eye as the struggle ended. Draga glared at him.
“Mr. Zaric, have you received a copy of the indictment?”
No response.
The judge looked at Kevin. “Counsel, have you provided a copy of the indictment to the accused?”
“Yes, Your Honor.”
The judge looked back at Draga. “What is your true name, sir?”
Kevin was on his feet. “Your Honor, I respectfully direct my client not to answer that question.”
“I beg your pardon,” Judge Davidson said, surprised.
“The burden is on the prosecution to establish that the person in this courtroom is the same person accused in the indictment. I request an identity hearing be held for that purpose.”
Kevin had seen good defense lawyers do this in federal court.
Judge Davidson looked annoyed. “Counsel, I understand that you are new here. It is standard procedure in this Court for the accused to state his true name for the record at the initial appearance.”
Looking at Draga, Judge Davidson continued, “What is your true name, sir?”
Kevin hesitated for an instant, and then was on his feet. He was determined to protect his client’s rights. “With all due respect, Your Honor, my client should not be compelled to give evidence against himself. It is the prosecution’s burden to prove that he is the person accused in the indictment. I request that the Court require them to do so at a hearing.”
Judge Davidson was exasperated. “Sit down, counsel.” He turned to the prosecution table. “What is the prosecutor’s position on this?”
Bradford Stone rose and smiled at the judge. “Clearly Mr. Anderson is inexperienced with our procedures. Why, Mr. Krasnic has already told the court that the person here is Mr. Zaric.”
“Perhaps the prosecutor wishes to call Mr. Krasnic as a witness,” Kevin retorted, “at a hearing which is required for that purpose.”
Kevin saw Krasnic glare at him.
Judge Davidson ignored Kevin. He looked at Draga. “Mr. Zaric, if you do not now declare your true name, I shall hold you in contempt.”
Draga said nothing.
Kevin rose again. “Your Honor, my client cannot be held in contempt. He is simply following the advice of counsel in this matter.”
“Then I will hold you in contempt,” the judge growled.
“Your Honor,” Kevin pleaded, “will you at least ask the prosecution what law they rely on for the proposition that an accused may be compelled to state his true name when the issue of identity is contested?”
Judge Davidson turned to the prosecution. “What does the case law hold on this point, Mr. Stone?”
Bradford Stone looked surprised. “Well, Your Honor,” he sputtered, “I don’t recall a case on this point. But we have always proceeded this way. I don’t know that it has been challenged before.”
“All the more reason to proceed cautiously, Your Honor,” Kevin chimed in.
The judge glared at Kevin. “Court will be in recess. I will see counsel in my chambers.” The judge rose from his chair, throwing his glasses on the bench.
“Your Honor,” Kevin called out.
The judge stopped. He glowered at Kevin.
“I regret to say that I cannot go into chambers with the Court. My client does not trust me as it is. I request that all proceedings in this case take place in his presence in open court.”
Judge Davidson turned and stormed off the bench.
Kevin sat down as the guards led Draga from the room.
Vladimir Krasnic chuckled. “You’re going to need your own lawyer if you keep this up,” he said as he walked away.
Kevin looked out in the gallery. People were filing out, some shaking their heads.
Judge Davidson returned to the bench thirty minutes later. “Mr. Anderson, you will be given ten days to file a memorandum in support of your position. The prosecution shall respond ten days thereafter. The Court will then rule on the matter. This arraignment is continued until 4 September at 1400 hours.”
Stone was on his feet. “Your Honor, surely the Court is not seriously considering counsel’s position.”
“I am bending over backwards to give counsel more time to research and consider his position. He is new and unfamiliar with our procedures. I don’t want him to do something he will later regret.”
The judge looked at Kevin sternly.
Kevin was on his feet. “I appreciate the Court’s consideration, Your Honor, but I request that an identity hearing be held forthwith.”
“Request denied.”
“Then I request that my client be released from custody, Your Honor. He is entitled to such a hearing without delay. September is over a month away.”
“Sit down, Mr. Anderson, or you’ll be joining him in custody,” the judge barked. “Court is adjourned.”
Everyone stood up as Judge Davidson strode from the bench.
When Kevin turned around, Krasnic was already at Draga’s side, whispering to him. When the guards led Draga away, Krasnic turned to Kevin.
“Don’t waste your time on the research, counselor. I’ll be preparing a written request for counsel that Mr. Zaric will sign tonight.”
Kevin was tired. “That’s fine. I think I’m finished for today.”
“With that performance you have finished your work here – forever.”