High Crimes

Claire tried to conceal her astonishment. “Hadn’t given it a thought.”

“I wish I could believe that. I’ve been instructed to make you an offer. Personally, I oppose any kind of deal — I think you know that. I’m prepared to go for the death penalty, and I’m highly confident we can get it, in the current climate. But I’ve been asked to make an offer.”

“We’re listening.”

Embry and Grimes gathered around.

“We’re willing to drop to voluntary manslaughter — Article 119.”

“How many specifications?” Grimes demanded.

“One,” Waldron said. Grimes raised his brows. “Not eighty-seven. Same course of conduct.”

“Voluntary manslaughter’s fifteen years,” Embry put in.

“Here’s the crux of the deal,” Waldron said. “We’d insist on total nondisclosure. In writing, of course. If the government of El Salvador gets wind of this, there’ll be a major international incident. Sergeant Kubik will speak of the circumstances to no one, including the terms of this agreement and everything connected with these negotiations. No books, magazine articles, letters to the editor. No publicity whatsoever. No private conversations to anyone about the incident either.”

Embry and Grimes nodded. Claire simply watched Waldron, blank-faced.

“All attorneys and support and investigative personnel would also be required to sign nondisclosure agreements,” Waldron continued. “You also waive appellate review. Kubik gets dishonorable discharge, forfeiture of all pays and allowances.”

“What about time?” Grimes said.

“He serves five years,” Waldron said. “But all confinement in excess of five years will be suspended for fifteen years from the date of trial. His nondisclosure will be part of the good-conduct clause. He violates nondisclosure, we vacate the agreement, and he’s back in Leavenworth.”

Grimes turned to Claire.

Waldron said grimly, “Not bad, huh? Five years for killing eighty-seven people? You’ll never beat a deal like this.”

“Why are you suddenly so interested in making a deal?” Claire asked.

“Because this is a long and arduous and expensive process, and we think it’s best for all concerned to come to a settlement now.”

“When do you want to know?”

“Now.”

“Now? You’re crazy. I’ll have to talk to my husband.”

“He’ll be here in a minute or two. I should warn you, the deal’s off the table once he’s arraigned.”

“We’ve got three weeks before trial,” Claire said. “What’s the rush?”

“Just let me know your decision before arraignment. Which is in about five minutes.”

When Claire told Tom the deal as his restraints were being removed inside the courtroom, he shook his head.

“Why not?” Claire said. “The nondisclosure’s no big deal — you’ve kept mum about it for thirteen years! And five years at Leavenworth — well, I won’t minimize how tough any prison time is, but that looks awfully attractive, given the alternative.”

“Claire, I’m an innocent man,” Tom said. “I’m not doing five years for a crime I didn’t commit. Anyway, I wouldn’t survive Leavenworth. They’d have me killed. If they’re offering to deal, that tells us they’re scared. They’re scared of what we might bring out at trial. Scared of what might become public. Don’t you smell blood, too?”

“You’re being awfully brave for a man who faces the possibility of execution. It’s a gamble, Tom. A huge gamble.”

“Everything I’ve done is a gamble,” he said.

Grimes stared in disbelief and whispered to Tom, “Did I hear wrong, or did you just turn down Waldron’s offer?”

“I won’t do time for a crime I didn’t commit!” Tom whispered back emphatically.

Grimes turned to Claire. “You didn’t make him take it?”

“I can’t make him take a deal,” she whispered back.

“This man’s gonna sue you later for ineffective assistance of counsel,” he said, disgusted.

Claire approached the prosecution table and tapped Waldron on the shoulder. “We’re passing,” she said.

“Kubik heard the terms, and he’s not jumping at this?” Waldron said. “You serious?”

“Drop the five years, and you’ve got a deal.”

“Not negotiable.”

“Then we’re going to trial.”

Waldron gave a gladiatorial smile. “You’ll wish you’d taken it.”

“Maybe so.”

“Believe me. You don’t know what’s in store.”

“Nor do you,” she said.

Part Four

32

“All rise,” the bailiff called out.

Judge Farrell, wearing a black robe over his dress greens, entered the courtroom and mounted the bench. He sat in his high-backed leather chair. In his rumbling voice he spoke into the microphone. “Please be seated. This Article 39(a) hearing is called to order.”

Waldron remained standing. “This court-martial is convened by the secretary of the army, by convening order number 16–98,” Waldron said. In military court-martials, the trial counsel also served as the court clerk. “United States versus Sergeant First Class Ronald M. Kubik. The accused is charged with violation of Article 85, desertion, and violation of Article 118, premeditated murder, eighty-seven specifications.” And he continued reading a litany of preliminaries.