Tyson looked at the board, then at Colonel Sproule, then at Pierce. And finally at the spectators. Kelly’s narrative had created an atmosphere of intense interest, except at the prosecution table where the atmosphere was more one of uneasiness.
Corva said to Kelly, “Go on, please.”
“Yes. Lieutenant Tyson suggested we go into the village to talk to the local Viet commander. He always did that.”
“Why?”
“To try to get them to take it a little easy. The presence of Americans usually accomplished that, until you turned your back. Lieutenant Tyson’s objections to this sort of operation were partly humanitarian but partly practical. He doubted if any hearts or minds could be won by subjecting an entire village to mass torture and humiliation. He observed that after the National Police went back to their barracks, we would still have to deal with the locals in our area of operations.”
“So you went into the village.”
“Yes. We went into the village. And while walking, we spotted Steven Brandt.”
Pierce was on his feet. “Objection. Your honor, this has gone on long enough. This is totally irrelevant.”
Sproule looked down at Corva, then at Pierce, then back to Corva. He said to Corva, “Explain to the court, Mr. Corva, how the line of questioning you are pursuing will extenuate or mitigate the circumstances surrounding the incident for which Lieutenant Tyson stands convicted.”
Corva replied, “Your honor, it is my intention to demonstrate to the court that there was bad blood between Lieutenant Tyson and the prosecution’s witness, Steven Brandt, and that the hostility that existed between Lieutenant Tyson and his former medic was of such intensity that it has prevailed up until the time that Mr. Brandt took the stand in this court. I intend to show that Mr. Brandt’s statement, that there was no such hostility and animosity, was a lie.”
Sproule said, “It’s a little too late for that, isn’t it, Mr. Corva?”
“Your honor, if I can demonstrate through this witness’s story that Mr. Brandt’s feelings for the accused were biased and hostile, then I can demonstrate that Mr. Brandt’s testimony was likewise biased and hostile, which in turn will let the board put the proper coloration on Mr. Brandt’s testimony and may influence their deliberations on an appropriate sentence, which is the purpose of this session.”
Sproule’s eyebrows arched slightly. “That is stretching it a bit, Mr. Corva. I don’t know what your true purpose is in pursuing this story. However, you may continue, with caution. Objection overruled.”
Pierce sat and slapped his hand against the table in a rare show of ill temper.
Corva said to Kelly, “You saw Mr. Brandt in the village. Did he belong there?”
“To some extent. Medics, as well as officers, could and did enter these villages while the police were conducting their searches and interrogations. The medics were often needed.”
“What happened next?”
“Lieutenant Tyson said to me, ‘Keep back. I want to follow him,’ meaning Brandt.”
“Why? What did he mean by that?”
“It was Lieutenant Tyson’s observation that Brandt was acting improperly.”
“How so, Mr. Kelly?”
“Brandt was taking pictures. This was strictly forbidden by the National Police. They did not want pictures.”
“What was Mr. Brandt taking pictures of?”
“Mostly of naked women being tortured and humiliated.”
Corva waited for Pierce, but Pierce did not object. Corva said, “Go on.”
“Lieutenant Tyson noticed that the National Police were not stopping Brandt from taking pictures. In fact, they seemed quite friendly toward Brandt.”
“Did you notice this also?”
“Yes. And I once saw Brandt on a previous cordon operation give a National Police captain what looked like medical supplies from his bag.”
“Continue.”
“After Brandt finished with his pictures, he entered a hootch—a Vietnamese house—with two National Policemen. Lieutenant Tyson and I discussed this for some time, then went into the house. A policeman put his hand on Lieutenant Tyson’s arm to detain him. Lieutenant Tyson pushed the man away, and we entered the house in which Brandt had gone.”
“And what did you—you see, Mr. Kelly?”
Tyson turned from Kelly and stared at Steven Brandt, whose expression was fixed and rigid. Tyson kept his eyes on Brandt as Kelly replied, “I saw three naked females. One of them was curled up in a corner weeping, and a policeman was pulling her by the arm. Another female was performing fellatio on a second policeman, and the third female was being raped by Mr. Brandt.”
Pierce jumped to his feet and shouted something that was drowned out by other sounds in the chapel, which ranged from gasps to a few shouts. Tyson caught Brandt’s eye for a moment before Brandt turned away.
Colonel Sproule signaled to the sergeant at arms, who went to the communion rail and held up his hand for silence. The well-disciplined crowd fell silent.
Colonel Sproule announced, “If there are any more outbursts, I will clear the court.” He looked at Pierce, who was about to state his objection again, and Sproule said, “Objection overruled.” He said to Corva, “I wish to put some questions to the witness.”
“Yes, your honor.”
Sproule looked down the side of the pulpit. “Mr. Kelly, the court would like to know how you determined that what you saw was rape and not . . . not the normal activities of men and women.”
Kelly glanced up at Sproule, then turned back to his front and replied, “I don’t see anything normal in group sex, your honor, but that might be my personal prejudice. To answer your honor’s question, I assumed from the circumstances that the men did not know the females very long. About five minutes, I think. Also, the females were weeping. All of them. Also, they were very young, your honor. The one who was with Mr. Brandt was not more than twelve or thirteen. Even making allowances for cultural differences and the earlier onset of puberty in tropical climates and such, this was quite young. Also, when Mr. Brandt stood, I could see blood on his genitals and his thighs, and I remember making the assumption that the girl had been a virgin, though, of course, she may have been having her period. Also, your honor, the girl looked to me as though she had been struck in the face. It was for these reasons, your honor, that I concluded that what I was witnessing was a mass rape and not a party.”
Sproule nodded and swallowed. “I see.”
“And also, your honor, Mr. Brandt had a look of fear on his face when he saw Lieutenant Tyson and me. He jumped immediately to his feet—he was on a sleeping mat on the floor—and exclaimed, ‘Don’t!’”
Sproule asked, “Don’t what?”
“Lieutenant Tyson and I had both leveled our rifles at our hips. This was a precaution against any attempt by the two policemen to go for their guns. They could sometimes be hostile. But Brandt thought Lieutenant Tyson or I was aiming at him. So he shouted, ‘Don’t!’ Then he shouted, ‘Please!’ as he grabbed his fatigue pants. He was still wearing his bush jacket and boots. Then he bolted through a window, leaving behind his medical bag and rifle.”
Colonel Sproule asked, “Did you follow him?”
“Yes, your honor. But first we gathered up Brandt’s equipment and escorted the two policemen out of the hootch. Several policemen were converging on the hootch now, and an ugly scene seemed about to take place. There was some shouting back and forth between Lieutenant Tyson and myself on one side and about a dozen police on the other.”
“Did you feel you were in danger?” asked Sproule.
“There was an element of danger. But in the end, we simply turned and walked away. We got back to the dike, and Brandt was there, fully clothed by now. Lieutenant Tyson approached him. I should have pointed out before, your honor, that Lieutenant Tyson had mentioned to me on a few previous occasions that he thought Brandt was taking advantage of his status as a medic to further his private interests in the local women. Lieuten
ant Tyson was concerned about this.”
Sproule said, “So this was the incident that caused this alleged animosity between Lieutenant Tyson and Mr. Brandt?”
“Yes, your honor, but the animosity deepened after Lieutenant Tyson confronted Mr. Brandt on the dike.”
“What did Lieutenant Tyson say to Mr. Brandt when he confronted him on the dike?”
“Not too much, your honor. Lieutenant Tyson kicked Mr. Brandt in the groin. Then he slapped him around but only hit him once or twice with a closed fist. Then Lieutenant Tyson threw Mr. Brandt into the flooded rice paddy, drew his forty-five, and instructed Mr. Brandt to sit in the water or have his brains blown out. Mr. Brandt sat in the water. Then Mr. Brandt began to complain that the leeches were finding him. He became quite agitated and began to weep, then he became hysterical.”
Colonel Sproule said nothing for some time. He touched his fingers to his lips in thought, then asked, “Were there any other witnesses to this incident on the dike?”
“Yes, your honor, the entire platoon could see this from their positions on this long straight dike. But no one thought it wise to interfere with what appeared to be a personal matter. In fact, I passed the word down the line for the men to remain in position and continue with their mission of watching the village for anyone trying to escape from it.”
“But no one else knew the cause of this incident on the dike?”
“No, your honor. And never did know. But I think there were some good guesses.”
“Do you know if Lieutenant Tyson took any legal action against Mr. Brandt or if Mr. Brandt took any such action against Lieutenant Tyson?”
“There was no such action taken by either party, your honor. Not that I know of.”
Sproule asked Kelly, “How did the incident end?”
“After about thirty minutes, Lieutenant Tyson had calmed down somewhat and told Mr. Brandt that he could come out of the water. Mr. Brandt did so. Mr. Brandt then undressed on the dike, and I observed perhaps thirty leeches on his body. He was very agitated. He was weeping actually, pleading for someone to help him take the leeches off. Several men went to his assistance with insecticides and lit cigarettes. Mr. Brandt had lost some blood to the leeches, and as a result of his physical and mental state, we called in a helicopter to take him away.”
Sproule asked, “Would a man have rejoined his unit after such an incident?”
“Not normally, your honor, but Lieutenant Tyson and I went back to the rear area that night on a resupply helicopter and paid a sick call on Mr. Brandt, who was in the battalion aid station. Lieutenant Tyson informed Mr. Brandt that he expected him back in the field within twenty-four hours, or he would have him court-martialed on a variety of charges. Mr. Brandt indicated that he didn’t want a public record of this incident as he planned to go to medical school. Lieutenant Tyson felt that he had solved Mr. Brandt’s problem and thought that Mr. Brandt’s continued presence in a combat infantry company would be useful to Mr. Brandt and to the company. Mr. Brandt was a good medic. So the matter rested there, which answers your honor’s question of Mr. Brandt’s return to his unit.”
Colonel Sproule nodded. “And that was the end of the incident?”
“No, your honor, this is the end of the incident.”
“Quite so, Mr. Kelly.” Colonel Sproule looked at Corva for some time, then nodded to indicate he should proceed.
Corva said to Kelly, “And from that time on, how would you characterize the relationship between Lieutenant Tyson and Mr. Brandt?”
Kelly replied, “I don’t think Mr. Brandt liked being humiliated in front of the entire platoon, nor did he like the leeches. I think I would characterize the relationship between the two men as cool.”
“Do you think Mr. Brandt held a grudge against Lieutenant Tyson?”
“I believe so. Neither of them was what you would call the forgiving type.”
“Do you think Mr. Brandt held this grudge up until the time of the hospital incident, some two or three months later?”
“Yes. In fact, that morning of the burial mound incident, he and Lieutenant Tyson had words.”
“About what?”
“About Mr. Brandt feigning illness to get out of the field.”
Corva asked a few further questions, then said to Colonel Sproule, “I have no further questions regarding this incident, your honor. I would like to go on to the hospital incident if you have no further questions.”
“I have none. And if the board has any, we will ask them at the end of your examination of Mr. Kelly. We will take a recess at this time and reconvene at fourteen hundred hours. I would like to see Colonel Pierce and Mr. Corva in my chambers. The court is closed.”
Tyson looked out to the pews and saw Brandt hurrying, head down, toward the doors.
Corva said to Tyson. “Feel better now?”
“No.”
“Good. You should not. But I can.”
CHAPTER
52
The court reconvened and Daniel Kelly retook the stand.
Colonel Pierce stood and said, “Mr. Kelly, you are reminded that you are still under oath.”
Corva stood under the pulpit and faced Kelly. After a few preliminary questions, he said to Kelly, “Could you relate to the court the events that led up to the hospital incident?”
Kelly replied, “Yes, I can,” and began a clear detailed account of the approach to Miséricorde Hospital. The account, Tyson noticed, was much more lucid than Brandt’s or Farley’s, but did not differ from those accounts in any major details, nor did it differ from the account in Picard’s book, which Tyson knew everyone in the court had read.
Tyson glanced into the choir loft and saw a few silhouettes. The pews, which had been one-fourth empty at the morning session, were now full again, no doubt as a result of word getting out about the testimony. He did not see Brandt, and suspected the good doctor was on his way back to Boston.
Tyson looked at the press section and saw that those pews were full as well. There had been no sketch artists at the morning session, but there were five at the communion rail just now, kneeling, their sketch pads on the rail, their eyes on Kelly.
Tyson looked into the right front pew and saw that David was not there, though Marcy was, and the expression on her face was taut.
Tyson had picked at his lunch in his cell, waiting for Corva to join him, but Corva never came. And they had barely five minutes together before Sproule called the court to order. During that five minutes Corva had told him that the session in Sproule’s chambers—the head chaplain’s office—had been heated. And Tyson did not know how much more Corva could get away with. He saw, though, that Corva was being a bit more cautious in the wording of his questions, and so far Pierce had no reason to object. Corva’s questions emphasized the physical and mental condition of the platoon since he was no longer trying to prove that nothing illegal had occurred, but was now showing why it had occurred. Tyson felt more at ease with this approach.
Corva said to Kelly, “So you entered the hospital after you were certain the enemy sniper had fled. You had two wounded: Robert Moody, who was lightly wounded in the leg, and Arthur Peterson, whose wound was serious. You have stated that you knew it was a hospital before you ever reached it and that no firefight of any significance occurred as you approached the hospital. There was a single sniper. Correct?”
“Correct.”
“Now, Mr. Kelly, you are in the hospital, and here is where previous testimony diverged even further. What happened in the hospital to cause the incident for which Lieutenant Tyson has been convicted?”
Kelly paused for the first time in his testimony, then spoke. “We carried Moody and Peterson inside. The staff was preoccupied with their duties and I remember thinking that they showed no signs of having been affected by the recent shooting. Lieutenant Tyson detained a nurse who informed us that all the doctors were upstairs. We carried Moody and Peterson upstairs—”
Colonel Sproule interrupted. “Mr. Kell
y, I think the court is wondering about a missing detail. There seem to be two versions of the death of Cane. One is that he was killed outright by the sniper outside the hospital. The other version is that he died in room-to-room fighting. Since it appears there was no room-to-room fighting, I assume he died outside the hospital. Yet, you don’t mention his death in your account.”
“That is because Larry Cane was still alive when we entered the hospital, your honor.”
Sproule thought a moment, then said to Corva, “Proceed.”
Corva addressed Kelly. “What did you find upstairs?”
“There were three wards. One was a sort of general ward filled to overflowing with wounded. Mostly civilian refugees from Hue, I believe. The second ward was marked in French, CONTAGION. We only glanced into that ward, a small room with ten beds, all filled. The third ward was pediatric and obstetrics. This had perhaps thirty beds and was full, also. In addition, there were wounded and sick all over the corridors. There were people who appeared to be neither wounded nor sick, but just refugees. There were perhaps a hundred people in the hospital, but there could have been two hundred, for all I know. We discovered also an operating room. It was there that we carried Arthur Peterson. I should point out that we were not completely certain the hospital was secure and that the platoon was making room-to-room searches. We found a pile of bloody khakis which we took to be enemy uniforms and in fact found about a half dozen young men in the beds whom we took to be enemy sick and wounded.”
“What was the platoon’s reaction to this?”
“Pretty much the same reaction they had to the peasants burying the enemy dead. It was not rational, but then neither were we. It is only in retrospect that it seems we overreacted to the fact that the hospital held enemy sick and wounded.”
“Did anyone threaten these sick and wounded enemy soldiers?”
“Not that I could see. But Sergeant Sadowski put a few men in the ward to keep an eye on them.”
“What happened in the operating room?”