High Crimes

Claire sat, smoking, at the immense oak library table, surrounded by law books: Military Rules of Evidence Manual, Military Criminal Justice: Practice and Procedure, Manual for Courts-Martial: United States. “So all the prosecution is planning to present at the 32 hearing” — already she spoke like an old hand — “are those seven CID statements and one so-called eyewitness, this Jimmy Hernandez guy, to corroborate? That all?”

“Yeah,” Grimes said. “The government doesn’t have to present everything they got. Just enough. Remember, all they got to do is demonstrate there’s enough probable cause to go on to a court-martial. It would be dumb for them to present more than the bare minimum.”

Embry put in: “The idea is, we’re supposed to try to knock it out.”

“Which ain’t gonna happen,” Grimes said. “No matter how hard we try. So consider the 32 as the government’s tryout, their audition. We get the chance to scope out their case in advance, see what they put on the table. Cross-examine to point out all the weaknesses.”

“What about the other six members of Burning Tree who gave statements?” asked Claire. “Why aren’t they being called as witnesses?”

“One, they don’t have to,” Grimes replied. “Any witnesses who are ‘legally unavailable,’ meaning more than a hundred miles away, don’t have to appear. Two, the government doesn’t need ’em.”

Claire nodded. “Can they surprise us? Pop something on us at the hearing?”

Embry said, “Normally they give you the evidence as soon as they get it.”

“Yeah,” Grimes said, inspecting the ornate detail on the vaulted ceiling, “or they might give it to us a day or two before. But I doubt they’re going to surprise us at the hearing. They want to be able to say they gave us everything in advance.”

“Anyway,” Embry said, “if they do drop something on us, we ask for a continuance, that’s all.”

“Same as a civilian court,” Claire said. “But what about Article 46 of the code? The equal-access clause?”

Grimes lowered his head and turned slowly to regard her. “Someone’s got the UCMJ on her bedside table.”

“We get ‘equal opportunity to obtain witnesses and other evidence’ blah blah blah, right?” Claire said.

“Right,” Grimes said, “but it doesn’t say equal time, does it?”

“Mommy?” came Annie’s voice, high and sweet and tentative. She was wearing blue-jeans overalls and pigtails. She stood at the open door, curiously stealing a glance at the two men.

“Yes, honey?”

“Mommy, Jackie’s making dinner. It’s going to be ready soon.”

“Okay, honey. We’ll be done very soon, too. Now, let us work, babe, okay?”

“Okay.” She looked around shyly. “Hi.”

“Hi,” both men called out.

“Why are you smoking, Mommy?”

“Come on,” Claire said, “out of here. I’ll see you at supper.”

“But I want to play here,” Annie said with a pout.

“Not now, sweetie.”

“Why not?”

“Because Mommy’s working.”

“You’re always working!” Annie said, stalking off.

“Man,” Grimes said, “you got a serious case of that nasty habit. I thought no one in Cambridge is allowed to smoke, some zoning law or something.”

“Yeah, well, I’m going to quit when this is over,” she said. “I was going to invite you guys to stay for dinner, but—”

“Invitation accepted,” Grimes said. “I can smell it from here. Someone around here knows how to cook. I love garlic.”

“Terry?” she said.

“I can’t,” Embry said. He reddened immediately. “I’m sorry, I’ve — I’ve got to meet someone.”

“Cheating on the wife already?” Grimes said.

Embry smiled bashfully, shook his head.

“All right, now,” Claire said, “I want to find out whatever we can on Hernandez. Terry, I want you to start a file on every witness or potential witness, starting with Hernandez and the other six who gave statements against Tom. I want their, what do you call them, fitness reports, service records, the works. Then I want to interview Hernandez.”

“Uh, you better leave the interviewing on this guy to me or Embry here,” Grimes said.

“Why?”

“Because we’re both army guys. I’ve done my time in the service. We know how the shit works.”

“Fine, but I want to be there. I want to see his face.”

“Of course,” Grimes said.

“I also want to find out if this guy’s been offered anything in exchange for testifying. Like immunity. Same for anyone else they might call at the trial itself.”

“We get that in discovery,” Embry said. “The general-discovery request.”

“Well, no we don’t, necessarily,” Grimes said. “You got to put in a specific request. Demand the government state with specificity which witnesses are claiming privilege and why. Tell ’em you want a copy of all grants of immunity given to any witness. Or any promises of leniency. We want a copy of all informants’ agreements, including any records of monetary and property remunerations.”

“All right,” Claire said, lighting a fresh cigarette. “I want the names of all members of this unit, their current names and addresses and phone numbers. I’m going to have Ray Devereaux track them all down.”