Word of Honor (52 page)

Corva said, "You're allowed to be frightened. But you will not look frightened. Not in front of a court-martial board. You know that."

"I know it. I won't even flinch when they hand me twenty to life."

"Twenty to life? Christ, I'll flinch."

Tyson turned from the window and stared at Corva.

Corva said, "By the way, when we get in there, feel free to speak your mind. You say you have a good relationship with Levin, so you don't have to let me do all the talking. Also he doesn't represent the prosecution.

He's just your immediate commander, and he's only doing,his job."

"What's his job today, Vincent?"

"Being a prick."

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The door opened, and Captain Hodges stuck his head in. Tyson said to Corva,

"Speaking of which .

Corva laughed.

Hodges looked both annoyed and confused. He cleared his throat. "The colonel will see you now."

Corva stood and led the way into Levin's office. Corva stepped aside to the right, Hodges to the left. Tyson went straight to the desk, saluted, and said, "Lieutenant Tyson reports, sir. "

Levin returned the salute, then stood to shake hands with Vincent Corva and introduced Corva to Captain Hodges, who also shook hands with Corva.

Colonel Levin sat, Corva sat in the chair indicated by Hodges, and Hodges sat. Tyson remained standing at attention. He was sure every facet of protocol was satisfied, but somehow he felt left out. He thought he should remind them that he was the reason they were A there.

Colonel Levin said, "Have a seat, Lieutenant."

Tyson sat in the only empty chair, between Corva and Hodges.

Levin let a moment go by before saying, "I have here a copy of Major Harper's preliminary investigation report, conducted under Article 31 of the Uniform Code of Military Justice." He opened a legal-sized file folder on his desk and addressed Tyson. "I've asked Captain Hodges to be present as a witness, owing to the fact that you have legal counsel present."

Tyson nodded.

Hodges said, "Please respond verbally, Lieutenant."

Tyson said, "Yes, Sir."

Levin looked down at the folder. "I have been instructed, as your commanding officer, to make you aware of certain aspects of the investigation."

Corva said, "May I have a copy of the preliminary investigator's report, Colonel?"

"No, you may not. You and I know, Mr. Corva, that unlike an Article 32

investigation report, this is an internal communication. This report is between Major Harper and General George Peters, post commander of Fort Dix, who has general court-martial convening authority in this case. However, I have been instructed by General Peters, on

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advice of -his Staff Judge Advocate, to read to the accused pertinent sections of this report. "

Corva said, "May I request, Colonel, that you begin with the end? What is her conclusion?"

Captain Hodges stirred in his chair and made a sound that clearly indicated he did not like to have his colonel interrupted or otherwise annoyed. Under other circumstances Tyson might have enjoyed Hodges's frustration in dealing with a civilian.

Colonel Levin seemed to take Corva's suggestion well. He nodded. "Of course. I don't mean to drag this out and cause Lieutenant Tyson any unnecessary anxiety." He looked directly at Tyson and said, "Major Harper did not recommend that the case be dismissed."

Tyson nodded. He never expected that she would. Yet somewhere in the back of his mind he thought she might.

Corva said, "Then we are to have an Article 32 investigation?"

Colonel Levin seemed not to hear. He drew a typed sheet of paper toward him. "I'll read you certain parts of this as I've been instructed." He cleared his throat. "She states: 'My preliminary investigation did not uncover any documentary evidence or physical evidence of a crime, nor was it likely to, considering the locale of the alleged crime and the length of time that has elapsed since the crime allegedly took place. Further investigation for this type of evidence is not likely to be fruitful.

Therefore, I have considered only the statements of the witnesses in reaching my conclusion. The statements of Dr. Steven Brandt and Mr. Richard Farley, if taken at face value, clearly indicate that a violation of the Uniform Code of Military Justice took place at the time and location in question. Further, their statements indicate that this violation would come under Article 118, murder, for which there is no statute of limitations.

Further, the government has established its jurisdiction over the suspect but has not established such jurisdiction over other possible suspects.

Therefore, though there appears to be testimonial evidence that would incriminate other former members of the United States Anny, this report is confined to the subject of Lieutenant Benjamin Tyson. ' "

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Colonel Levin looked at Tyson briefly, then at Corva. He said to Corva,

"Any questions so far?"

"No, sir. "

Levin nodded and continued reading. " 'The statements of Paul Sadowski and Anthony Scorello, on the other hand, are in almost direct contradiction to those of Brandt and Farley and refute the most damning points of those two statements. During extensive interviews with Lieutenant Tyson, as noted in some detail earlier, he made statements which were strikingly similar to those of Sadowski and Scorello. It should be further noted, however, that Lieutenant Tyson did not impeach the statements or character of either of the potential witnesses against him; he merely told a different version of the events in question. There is, though, some evidence based on various statements made by Paul Sadowski that Dr. Brandt may harbor some hostility or bias toward the accused. This hostility or bias would have had its genesis during the time Lieutenant Tyson and Dr. Brandt served together, as there is no evidence to suggest they saw or communicated with each other since the day Lieutenant Tyson was medically evacuated from the Republic of Vietnam.' " Colonel Levin looked at Tyson, then at Corva. "Okay so far?"

Corva turned to Tyson. "Okay?"

Tyson shrugged. "I guess. Am I supposed to add anything or question anything?"

"No," said Corva. "Just listen closely because we're not entitled to see this, only to hear it, and that only as a courtesy. "

"And," intedected Hodges, "in the interests of justice.

Corva turned to Hodges and smiled. "Thank you, Captain. We know that."

Hodges's face reddened.

Levin cleared his throat. "Okay. Major Harper further states: 'This preliminary investigation has noted the existence of five additional witnesses to this incident: Daniel Kelly, Hernando Beltran, Lee Walker, Louis Kalane, and Michael DeTonq. The status of these witnesses is covered in a separate section of this report.' " Levin looked at Corva.

"They have not been located."

Corva nodded.

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Levin continued reading: " 'There is, in addition to these eyewitnesses, the author Andrew Picard, whose role in this matter is well known. Mr.

Picard's statements to me on the telephone confirm that any testimony he would offer would be no more than hearsay. Mr. Picard, however, is the link to the last known and possible eyewitness, Sister Teresa. This matter is also covered in a separate section.' " Levin flipped a page and read, " 'In conclusion I believe that the evidence I have uncovered to date indicates that there is probable cause to believe that a violation of the Uniform Code of Military Justice occurred. Therefore, I recommend that this matter be referred to further investigation under Article 32

of the Code. ' " Levin looked up from the report.

No one spoke. Finally Corva said, "And has General Peters acted on that recommendation?"

Levin took a cigar from his drawer and peeled off the cedar wrapper.

Tyson noted irrelevantly that Levin had switched to a better brand. Levin said, "General Peters, on receipt of this report, forwarded it to his Staff Judge Advocate who in turn made his recommendation to General Peters regarding the disposition of this case. The Staff Judge Advocate concurred with Major Harper that an Article 32 investigation be initiated. General Peters in turn concurred with his SJA.-

Corva observed, "That's a lot of concurrence. I hope there is no command influence present in those concurrences. "

Levin replied, "Command influence would be illegal, Mr. Corva. This matter is being judged wholly on its legal merits. "

"Really? I wonder ii the decision not to dismiss this rather weak case is not a result of some sort of subtle command influence or the perception of same. In other words, to name titles, if not names: the Judge Advocate General, the Attorney General, the secretaries of the Army and of Defense, and the President of the United States. If I were General Peters, I'd hear those drums beating cadence, and I'd damned sure march to that beat."

Levin finally lit his cigar and drew on it until the tip glowed red. He said, "That is a serious allegation. And I'm not the one to hear it."

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"No," said Corva, "but until I put it in writing and send it off to everyone I can think of, would you be kind enough to pass on my thoughts to General Peters?"

"If you wish." Levin handed Tyson a sheet of paper. "These are the orders convening the Article 32 hearing. The date, as you can see, is 9

September, which gives you sufficient time to locate any additional witnesses for the defense as may exist. The place is here, at Fort Hamilton. Specifically the Stonewall Jackson room on the second level of the Officers' Club. The hearing will be closed to the media and the public. Any questions?"

Tyson glanced at the orders. He replied, "No, Sir." He handed the paper to Corva.

Corva examined the convening orders with some care before putting them in his briefcase. He addressed Colonel Levin. "I'd like you to pass on another comment to General Peters and his Staff Judge Advocate. I wish to remind them that the accused has a specific right under the UCMJ to request of the Army their assistance on his behalf. Therefore, if we are to have a formal investigation and hearing, I want the Army, at the Army's expense, to continue their efforts to locate missing witnesses and to advise the accused of the steps taken to accomplish that."

Colonel Levin nodded. "I will pass on your reminder to the convening authorities." Levin glanced at Captain Hodges, then made eye contact with Corva and said, "But my advice to Lieutenant Tyson and to you is that you should expend some effort yourselves in locating these witnesses if you believe they are going to be witnesses for the defense."

Corva replied, "There is no doubt in my mind that they are, Colonel. And in the interests of justice I'm certain the government will use its considerable resources to assist me in finding them and that the government will do so with the same zeal they've shown thus far in pursuing this case. And if they don't, I am going to take appropriate steps to have this case dismissed. I'll put that in writing, and you can forward it to General Peters."

Levin drew on his cigar. "Anything further, Mr. Corva?"

"No, Colonel. "

The intercom buzzed, and Levin picked it up. He listened, WORD OF HONOR 0 409

then said to Captain Hodges, "Sergeant Wolton needs some orders signed.

We'll take a five-minute break here.

Hodges stood and left the office.

Colonel Levin leaned across his desk and looked at Tyson. "Real crock of shit, eh, Tyson?"

Tyson was momentarily taken aback by the sudden shift in tone and manner.

He replied, "Yes, sir. Real crock."

Levin glared at Corva. He said gruffly, "Save the legal razzle-dazzle for the hearing. You're giving me a headache - "

Corva smiled. "You gave me a headache at Fort Dix."

Levin looked again at Tyson. "Smoke if you like."

Tyson shook his head. The thought occurred to him that Levin had contrived to send Hodges out of the room.

Levin said to Tyson, "You understand that, as your commanding officer, this is my job."

Tyson replied, "Of course. That's what I used to say to the men I was screwing."

Corva laughed.

Levin glowered at Tyson, then he smiled wryly. He said, "Just keep remembering that for the rest of this session."

"Yes, sir. "

Corva said, -Colonel, as Lieutenant Tyson's commanding officer, I would like you to offer testimony as to his character if this ever gets to the sentencing stage."

Levin chewed ruminatively on his cigar. He finally replied, "I hope this doesn't get that far. But if it does I don't know if my brief association with Lieutenant Tyson would count for much."

"I think it would help for a court-martial board to hear that Lieutenant Tyson performed his duty here satisfactorily. Yes or no, Colonel?"

Colonel Levin put his cigar in the ashtray. He looked at Corva. "You may have noticed that I'm a little old to be a lieutenant colonel. You may also have noticed that Fort Hamilton is not the Pentagon or NATO headquarters.

The long and the short of it is that I've been passed over once for promotion to full colonel, and I've gotten shit duty to boot. Be that as it may, I like Hamilton, even if the Army considers it the waiting room to oblivion. I'm up for full

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bird again, and there's talk I will be post commander when Colonel Hill leaves in October."

Levin looked at Corva closely. "Maybe you can understand, Mr. Corva. My father was a maintenance man here. And this will be my last duty station, being I've got nearly thirty years in. From here I'll go home, back to Brighton Beach, down the Shore Parkway a bit. And I'll have come full circle. And once in a while I'll return here and bring my wife to dinner at the club and appear at a few functions as the former post commander and do whatever old soldiers do who retire around Army installations. And it will have been a good life." He looked at Tyson.

Corva said, "Does that mean the answer is no?"

Levin turned back to him. "No. It doesn't. The answer is actually yes. I'd be happy to testify as to Lieutenant Tyson's good character. I just wanted you to appreciate it.