Veil of Silence (24 page)

“Huh?” he asked, not understanding her.

“Well, I had Liam in the middle of the night so I have two days
and
two nights to rest up?”

“Um, yes,” he answered, not really understanding.

She rolled her eyes and shook her head.  The damned army was not for the faint of heart.  “I guess I’ll be there then.”

“That’s the attitude,” he encouraged her, although he could hear the fatigue in her voice.  He kept his visit short.  “You let me know if you need anything.”

“I’m going to need another uniform,” she informed him, pointing to her now deflated stomach.

“Oh, yes, of course.  Right away,” he promised, awkwardly.  “I’ll let you get some sleep,” he told her as he hastily made an exit.  Neither of the women pointed out that she had just woken up.

“That’s terrible…” Heather began angrily.

“That’s the army.  What the hell are they so hot to get their hands on?” she wondered aloud.  She would find out only so much in the coming days.

CHAPTER SIXTEEN

“Captain Gagliano should have been processed correctly through
Operation Yellow Ribbon
,” the SERE psychologist began.  “The Department of Defense plans and actions related to processing returned U.S. personnel are very clear and her rights and needs were clearly violated.”  She could see the panel shift uncomfortably as she tapped on the manual before her.  She wasn’t intimidated and her report had already gone in to her superiors and on to the DOD.  They would know already what she was about to impart to these imbeciles who had been in such a hurry to extract information from the woman.

“It is critical that people who have been captured, sometimes tortured, and who return to us, have these steps in place so they can decompress.  The repatriation process is unstructured.  By having SERE psychologists assist in the process it helps the…” she almost said ‘patient’ and wanted to avoid that with these people.  “…soldier, returning to their lives here so we can avoid some of the psychological damage the returnee can face.  By skipping Phase I and Phase II like you have here, the accuracy of critical intelligence that you may need in Captain Gagliano’s case may be compromised.  The debriefings that I have become aware of, while some of them were well-intentioned,” she looked at Captain McKellan apologetically, “were still outside the mandated phases that were put in place to protect returnees such as Captain Gagliano.”

She looked around angrily.  She and her team had interviewed, discussed, and had plenty of time with Marsha Gagliano and her wife Heather.  They had even given them access to their children, who were traumatized by the absence and return.  The first child, Hayley, was still unsure who exactly Marsha was in her life.  Things like ‘birth mother’ meant nothing to a young child.  The other two children, while younger, were still learning about modern conveniences and were easily frightened by simple toys that a child in this part of the world would be used to.  Fortunately, they were bouncing back much faster and easier than the adults.  There were going to be a lot more sessions than the weeks they had already been allowed.

“Had you followed protocol, some of these delays that you are complaining about could have been avoided,” she pointed out.

“A therapist was in on the initial interviews,” Captain McKellan pointed out in defense of his own role in this.  He thought he had covered his bases by videotaping the interviews.

“Yes, I’ve read Captain Lamar’s reports,” she smiled sweetly, showing even, white teeth.  “She should have been allowed to continue so that perhaps Phase I and II wouldn’t have been disregarded.”  She watched as the Captain shifted angrily, his well-intentioned defense of Captain Gagliano dismissed.  She wondered if he realized he gave away body language like that.  She knew he probably wouldn’t be thrilled to find that out.

“I’m sure Captain McKellan thought he would save time,” the civilian-clad member of the panel put in, defending the man.

The psychologist turned on him.  “And why are you, Colonel Kodel, not in uniform?”

Shocked that she knew who he was, his mouth gaped open like a fish gasping for air.  “That is none of your concern, Captain,” he began angrily, trying to intimidate her with his seniority and rank.

“You aren’t in uniform, Sir,” she clipped back at him.  “As such, you hold no authority here.”

Captain McKellan kept the triumph off his face.  He had had suspicions who the man was, and now having this confirmed solidified his case on behalf of Captain Gagliano.

Not willing to alienate the colonel any further than she had to, she continued, “Returnees that do not go through Phase I and Phase II can significantly increase the likelihood that they will focus on or amplify the feelings of helplessness and failure that they feel from their captivity.  These psychological problems can become long term for the returnees.”  She was using this case as a learning exercise for this panel.  She was furious that Captain Gagliano hadn’t had a SERE psychologist on her side from the first.  While Captain Lamar had started the procedure, she hadn’t been allowed to continue on and her report had reflected her objection at the time.  She was caught in the cogs of the army and had been reassigned elsewhere.

Marsha was listening to this and wondering why they treated her as though she wasn’t even here.  She was tired and just wished to go home.  The hormones in her body and the resulting fatigue made her want to go home to her baby.  She knew she would have to take a break soon to expel the milk from her breasts.  She could feel them filling like clockwork.  She knew the army didn’t want to acknowledge that she was a breastfeeding mother, but really, neither of them had a choice.  She’d just had a baby and her body was still readjusting.  She was just grateful that she could wear more normal clothes now.  She wasn’t going to worry about her breasts exploding through her shirt although the thought of milk stains on her white, button-down shirt did not appeal.

“Captain Gagliano,” she began again.

“May I interrupt for a moment, Captain?” Captain McKellan interjected apologetically.  “After much hard work on my office’s behalf,” his glance took in his assistant Corporal Harris, “we have determined and have confirmation here,” he pulled out paperwork and slid it across the table to the psychologist, “that Marsha Gagliano missed her promotions due to her captivity.  I have the proper paperwork here.  At this time, she is considered a major and should be addressed as such.”  He watched as the news of what he was saying spread around the table.  Colonel Kodel did not look pleased at all.  “Furthermore, we have appealed this decision.  After her hard work, we feel that
Major
Gagliano,” he relished being able to say that officially now, “should be promoted to the level of a lieutenant colonel.”

“That’s outrageous!” he heard someone mutter, and before he could look to see who had said it, the psychologist put in her own two cents.

“That’s admirable, Captain.  I’m sure Captain, now Major Gagliano appreciates your hard work on her behalf.  We are here to hear my assessment of
Major
Gagliano,” she too seemed to relish giving Marsha her new title.

Marsha sat there stunned.  The promotion, which should be retroactive, would mean more money for her and her family.  She knew that Heather had been losing sleep over money that they didn’t have and the things they couldn’t afford with the new baby.

“With that in mind, I wish to continue….”  She looked around the table at the panel to see if there were any more interruptions or objections and when no one spoke up, she continued.  “Major Gagliano was not classified at any time as an evader or a person that was isolated in hostile or unfriendly territory who eludes capture,” she clarified as there were several civilians listening to her report.  “Since she wasn’t held by hostile forces, she did attempt to escape and was beaten for it, her classification is still in doubt.”  She quickly added so that they couldn’t jump down Marsha’s throat for not escaping earlier, “No demands were made for her release.  They didn’t even let anyone know that they had her.  A negotiated release could not even be considered.  Since the army did not know of her whereabouts, a conventional CSAR recovery could not be enacted.  Her survival from the helicopter crash could not be verified and a rescue, while sent out to the recovery site, didn’t even find evidence of the helicopter, which according to Major Gagliano, had been hidden.”

The psychologist and Captain McKellan could see that several of the panelists wished to interrupt or ask their own questions…many of these things they had wished weeks ago.  Their clumsy attempts at interrogating Marsha had led to her withdrawal.  Their repeated attempts and repetitive questions of previous interviews only shut the woman down.  Her silence had saved her on more than one occasion over the past five years.  She needed that safety.

“Major Gagliano was declared missing, but was not classified as beleaguered or a casualty surrounded by hostile forces to prevent her escape.  She was not classified as besieged because the army didn’t even know of her survival.  She couldn’t be classified as such because the organized element that had captured her and forced her to surrender, weren’t hostile forces.  We must ask ourselves if her classification should be under captured.” Here she quoted the manual, “The casualty has been seized as a result of action of an unfriendly military or paramilitary force in a foreign country.”  She looked around her audience to be sure they were paying attention to her report.  Some were following along avidly and others were impatient to ignore her findings and question the major who listened intently.  “She wasn’t held by military forces, but the tribe that held her could be classified as a paramilitary force.”

“This is all well and good,” one of the panelists interjected in an attempt to move this along.  “It is all in your report,” he slapped the copy before him, “but we need to interview the cap…er
major
,” he corrected, almost deliberately, “to find out about other classified information that she may have been privy to.”

“I understand that, Major, and I’m doing my best to explain to you and the others,” her gesture took in the entire panel, “why that may not be possible because you simply didn’t follow the procedures set in place by the DODT for a situation such as this.  I’m trying to explain why Major Gagliano may simply not recall what you need or may not have the information you desire.  In the weeks that myself and my team interviewed her, we found out more than your hostile interviews could.”

He was furious at her audacity in criticizing their attempts to get the information from the woman.  He started to speak again, but another panelist interrupted him.

“I think we should let the captain finish her report.  She was quite thorough, from what I can see, and I think it important we understand the major and perhaps her reluctance to share vital information with us.  Please proceed, Captain.”

The psychologist nodded and continued.  “I would say that Major Gagliano should be classified as being interned, that is,” and here she quoted the manual exactly once again, “The casualty is definitely known to have been taken into custody of a nonbelligerent foreign power as a result of, and for reasons arising out of, any armed conflict in which the armed forces of the United States are engaged.”  There were several nods of agreement around the table at her assessment.  “At no time was the missing then-lieutenant’s location known.  She wasn’t quite missing in action as the helicopter went down in what we considered friendly territory.  So calling her MIA is not what I would advise for her period of internment in the camp of Zabi.”

“My understanding is that she would be a prisoner of war?” one of the civilians asked.

“She would not be classified as a prisoner of war since this Zabi person didn’t attempt to contact any outside forces to arrange her return,” someone interjected to clarify what the psychologist was saying.

“If I may?” Captain McKellan asked.  He too quoted from the manual, “A detained person as defined in Articles four and five of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949. In particular, one who, while engaged in combat under orders of his or her government, is captured by enemy armed forces. As such, he or she is entitled to the combatant’s privilege of immunity from the municipal law of the capturing state for warlike acts, which do not amount to breaches of the law of armed conflict. For example, a prisoner of war may be, but is not limited to, any person belonging to one of the following categories who has fallen into the power of the enemy: a member of the armed forces, organized militia, or volunteer corps; a person who accompanies the armed forces without actually being a member thereof; a member of a merchant marine or civilian aircraft crew not qualifying for more favorable treatment; or individuals who, on the approach of the enemy, spontaneously take up arms to resist the invading forces.

Major Gagliano was not detained by the enemy armed forces.  She was returning home and the helicopter malfunctioned and crashed.  Her attempts to escape, while admirable, were unsuccessful for many years.  She cannot be considered or classified as a prisoner of war at that time since Zabi and his tribe refused to fight on either side and kept themselves separate.”

These discussions continued on for hours and Marsha finally leaned over to Captain McKellan.  “I need to expel the milk from my breasts and we all need a well-deserved break.”

He looked at her in surprise and glanced at the clock on the wall.  He was shocked to realize how much time had gone by.  He was pleased with how the explanations were going to the state department civilians as well as the military that was represented.  He’d enjoyed the report of the psychologists, which strengthened his case in defending Marsha.  “Of course.  I’ll suggest that immediately.”   He stopped whispering and looked up at two of the military members who were still debating some of the information that Marsha had provided the psychologists and not the military about the tribe that Zabi belonged to.  “Gentlemen and ladies, I suggest we adjourn for today,” his announcement was met with objections immediately, but he continued, “My client needs to rest so that she can continue tomorrow.”  When they continued to object, he finally told them the truth.  “She has a small baby at home and needs to go feed it.”  He watched with pleasure as the implication of a breastfeeding mother finally set in on some of the men’s faces.  His suggestion to adjourn for the day was finally met with reluctant approval.