Word of Honor (75 page)

"You stated that Lieutenant Tyson at some point gave an order-a direct order-to locate the wounded and sick enemy soldiers in the hospital and shoot them. He said, 'Waste them.' "

Farley's lips curled up in a smile that looked almost wistful. "Yes, sir.

That's what we used to say. Waste them."

"Meaning what?"

"Kill them.' ,

"Lieutenant Tyson said to waste enemy soldiers who were in the hospital for wounds and sickness."

"Yes, sir. So a bunch of guys went out and did it."

"Did you see this?"

"No, sir. I was still in the operating room. Well, I saw two of them get wasted. Somebody drew a forty-five and found two NVA on the tables there--one was really on the

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floor where Beltran put hini--and this guy shot the two NVA in the head."

"Did Lieutenant Tyson observe this?"

"Sure. He was right there."

"Did he say anything? Do anything?"

"No, Sir. He just stood there most of the time."

"You stated earlier that there was no resistance, armed or otherwise, inside the hospital."

"Yes, Sir. "

"What, then, in your opinion, led to the shooting of other patients who were not enemy sick or wounded? And to the shooting of other staff members after the initial two doctors were shot? In other words, Mr. Farley, how did the general massacre that you described begin?"

Farley replied, "Everybody just got carried away. They found seven or eight NVA in the beds and shot them. Then some people-nurses and doctors--started to run, and the guys started shooting at them. Then one thing led to another. I don't know. I never moved from the operating room. All I saw was what hap~ened there."

"Did you yourself fire at anyone in the hospital?"

Farley licked his lips. Then he said, "A couple shots . . . but only the people who were trying to get away."

"After the men began shooting other patients and staff, after they'd gone beyond Lieutenant Tyson's orders to shoot wounded and sick enemy soldiers, did Lieutenant Tyson do anything to stop them at this point?"

"No, Sir. "

"Were you near him most of this time?"

"Yes, Sir. We mostly stayed in the operating room. I did leave there once for a few minutes. After all the shooting stopped, and when I came back, he was gone. I didn't see him again until outside. The guys had surrounded the building now. I told you some of the guys had thrown white phosphorus grenades and the place was burning. So we all went outside. Some people inside tried to get out, but the guys shot them. Lieutenant Tyson waited until the roof caved in, then ordered us to move out. Then we got to a bunker near Hue, and we put up for the night. Lieutenant Tyson called Captain Browder a few times and told Browder we'd gotten into a fight.

Well, there was the sniper who

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killed Peterson and wounded Moody, so that was a fight. Lieutenant Tyson came up with a body count of ten or twelve, I think."

"And Cane had been killed by the sniper, too," Pierce reminded him.

"Right. I think that's what caused the whole thing. This sniper firing at us from the hospital. Everybody was hot. So when we got in there, we went a little crazy. I mean, here's these NVA soldiers and all, laying in beds, and these doctors--white guys-saying they can't help us, sorry about that.

So, sure, we got hot. And I want to say I don't really blame the lieutenant for saying 'Waste the gooks.' But I think a lot of guys didn't understand the order. "

"The order to shoot North Vietnamese Army personnel who were patients in the hospital."

"Yes, sir. "

"Did Lieutenant Tyson do anything to clarify his order?"

"No, sir. But I don't think he wanted all them other people killed. But once it started, he sort of got scared and just let it unroll. It was sort of payback time anyway."

"Payback time?"

"Yes, sir. What we used to call payback. Like getting even. Everything had to have a payback. Like once--before Lieutenant Tyson took over the platoon-we lost some guys in a mine field outside of Quang Tri. So we rounded up the gooks from the closest village and -made them walk through the mine field ahead of us. That's payback. But that's another story. "

Pierce turned away and raised his eyebrows, affecting a look to show everyone that Farley might be his witness, but he wasn't his good friend.

Pierce cleared his throat and said, "So this was payback for the sniper?"

"Yeah, the sniper. And for the mortar fire the night before. And for Phu Lai. And for everything. And because we were going to Hue. And because the people in that hospital treated us like shit. Excuse me."

"And that's why Lieutenant Tyson ordered the NVA soldiers killed and didn't stop anyone who went beyond his orders," said Pierce, trying to bring the subject around again.

"Yes, sir. That's why."

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"And that's why Lieutenant Tyson fabricated a cover-up story. "

"Yes, Sir.

" Payback.

"Yes, Sir."

"Thank you. Your honor, I have no further questions, but I reserve the right to recall the witness."

Colonel Sproule looked at Corva. "Does the defense wish to cross-examine the witness?"

Corva stood. "Yes, your honor, but as it is approaching the lunch hour, may I recommend we recess at this time?"

Sproule replied, "I would not want to keep you from your lunch, Mr.

Corva. May I take a minute to instruct the witness?"

A few people laughed, including Pierce, Weinroth, and Longo. The board, caught unawares by the sudden humor, smiled.

Corva smiled good-naturedly, but replied somewhat tersely, "Your honor, I'm quite prepared to forgo my lunch in the interests of justice. If the witness, who appears somewhat befuddled, is able to continue, I will begin my crossexamination this very moment."

Colonel Sproule regarded Corva closely for a few seconds, then said, "We will recess for lunch, Mr. Corva." Sproule looked down at Farley and said, "Mr. Farley, thank you for testifying. You7are excused temporarily.

As long as this trial continues, do not discuss your testimony or knowledge of this case with anyone except the counsel who are now present or the accused. You will not allow any witness in this case to talk to you about the testimony he or she has given or intends to give. If anyone other than counsel or the accused attempts to talk to you about your testimony in this case, inform Colonel Pierce, Major Weinroth, or Captain Longo. Do you understand the instructions, Mr. Farley?"

Clearly Farley didn't but he was already reaching for the power switch on his wheelchair. "Yes, Sir."

Sproule said, "The witness is excused, subject to recall.

Farley's chair made an electrical whirring sound as it moved forward.

Pierce had to step aside as Farley swung

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around and made his way past the board table toward the side exit.

Sproule waited until he was through the door, then said, "The court will recess until fourteen hundred hours."

Tyson and Corva stood, and Corva collected his papers. Tyson said, "This is depressing."

"No one said it would be uplifting. Where do you want lunch?"

"Paris."

The MP car dropped them off at the bachelor officers' quarters located in the north section of the post. Tyson recognized the modem three-story redbrick structure. "Does this place swing?"

"Actually, it does. I worked late here one night, and all I heard were stereos and giggling women."

They entered a plain vestibule and climbed the stairs to the third floor.

Corva opened a door marked -31"' and showed Tyson into a good-sized living room/dining room area, furnished in passable Swedish Modem. The reddish carpeting looked like basement rec room quality, and there was nothing on the walls but notes, Corva's notes, taped all around the dining area. Tyson said, "I'll take it."

Corva showed him to a round blond-wood table on which were heaped books, yellow pads, and reams of typed material. On the floor were stacks of newspapers, more books, and cartons of files. Tyson said, "I thought you worked out of your hat."

"They gave me this as an accommodation. This is where we will conduct our sessions from now on. I told the post commander we could not prepare a proper defense if we had to work in your quarters with your wife and son there. So, you,are authorized to come directly here anytime I call you.

Okay?"

"Okay. 11

"And if things get a little tense at home, call me at my office or home and I'll come here, and we'll meet and cool out awhile."

"Thanks. I I

Corva went to a small bar reffigerator and came back 586 * NELSON DEMILLE

with two beers and two wrapped sandwiches. Corva sat on the far side of the table. Tyson popped the top on his beer and unwrapped his sandwich.

Corva bit into his sandwich and said as he chewed, "Payback. "

Tyson nodded. "Did you call it that?"

"I guess. I don't think we institutionalized it, but I remember the philosophy."

Tyson sipped on his beer. "I guess it was payback. What did,the Nazis call it? Reprisals."

"Right. Reprisals are outlawed under the same Rules of Land Warfare that Pierce was going on about. I'm glad war has rules. Can you imagine how dangerous it would be without them?"

Tyson lit a cigarette and said, "The one thing Farley seemed to grasp in his befuddled mind was the fact that the people in that hospital didn't like us. And in fact did not treat us as well as they undoubtedly treated the enemy who'd been there before us. I don't know if they were enemy sympathizers or if they just feared the enemy more than us. But they didn't fear us. Which I guess was good. Our reputation was not that bad.

But this show of contempt on their part . . . they didn't understand we were itching to pay back for what we got in the past few weeks. " He looked at Corva. "Sounds like self-justification, doesn't it?"

Corva shrugged. "I'll reserve my moral judgments." Corva drank some beer.

"Tell me about the burial mound incident. "

Tyson related the incident as he remembered it and concluded, "Farley was an uncomplicated man, as you may have noticed. He took things literally.

One time when he was complaining about something, I told him if he didn't like being a rifleman, I'd ask the battalion commander to take him on as an intelligence analyst. The next day he actually asked me about it. It was very frustrating having to deal with people who didn't understand my wit."

Corva smiled.

Tyson added, "But thinking back on that incident, I think he did understand that I was telling them to put up or shut up. I got tired of these idiotic threats they'd make toward the Vietnamese. I wouldn't have let them do it, of course. "

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"You don't have to say that. Sony if I got a little worried back there.

Point is, this was not a good story. It shows you in a bad light. Let's discuss the cross-examination."

"There won't be any cross-examination," said Tyson.

"What?"

"I don't want you to take him apart."

"Why not?"

"Because if you pull apart his testimony, by the time you face Brandt, Pierce will have rearranged the parts of Brandt's story that he sees won't hold up. Farley is the gook in the mine field, Vince. Pierce wants him to show him where the mines are, the hard way, so he can make a map for Brandt. Capice?"

Corva chewed awhile on his sandwich. "Capisco. " Corva bit and chewed again thoughtfully. He said, "For instance, if I try to get Farley to admit that you shot Larry Cane in order to try to stop the massacre, then Brandt is forewarned that we are going to reveal that, and he can be prepared."

"Right. "

"And the more I take Farley apart, the more Brandt will be able to come up with versions that hew closer to the truth, even if it contradicts some of Farley's testimony, and you don't really want that, because you want to expose Brandt as a total liar. Right?"

Tyson didn't reply.

Corva said, "Well, your reasoning may be screwed up, but the tactics are sound. I don't want to tip off Pierce, who will tip off Brandt. And you want payback. So, okay, we will skip the cross on Farley, subject to recalling him if we have to. As for the burial mound incident, I could crossexamine him for a month, and I could not get across to the board what you just told me and what I believe. I'll let that rest until or if we decide to put him on the stand again. They can have that round. The only thing I am wondering is this: Where, when, and how are we going to expose Steven Brandt as a liar?"

"Sometime after he gets on the stand and lies."

"I can do it through my cross-examination of Brandt, or I can do it through one of our sterling witnesses. Or I can try to do it through your testimony."

"We'll see. Stay fluid."

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Corva snorted. "Yeah, fluid. " He leaned across the table, his hands on a pile of books, and said to Tyson, "I just want to remind you that it is you who are on trial, not Steven Brandt. You are what we call the accused. I often defer to the wishes of my clients, which is why so many of them are in jail. But your wishes are not all coinciding with my needs. You're the one who has to live with the outcome, Ben. If you perceive this trial as a rite of exorcism and you'll feel better about yourself while you're making scratches on the wall of your cell in Leavenworth, then we'll try to do it your way."

"Good. I'm glad we see eye-to-eye."

"Right. You want that sandwich?"

"No. "

"Neither do U'

The court reconvened at 2 P.m., and Colonel Sproule said to Corva, "Your witness, Mr. Corva. "

Corva stood and said, "The defense has no questions for the witness, your honor."

There was a stir in the court, and Colonel Sproule glared out at the spectators. He turned back to Corva and said, "You do not wish to cross-examine?"

"No, your honor. But we reserve the right to recall the witness at a later time."

Colonel Sproule seemed to resist shrugging, then turned to Colonel Moore.

"Are there any questions by the board?"