Chapter 7 is here! Hope you enjoy. There is a glossary at the end for anyone unfamiliar with legal terminology.
Chapter 7
Sydney sat next to Nadia in the front row of the packed court, directly behind the defendants table. Like the family pew at a funeral she thought, then pushed the idea out of her mind. After all, she reminded herself, this was only a motions hearing, her father's guilt or innocence would not be decided today. She felt a gentle but firm pressure on her hand and looked down to see that Vaughn, sensing her mood, had reached out to hold it. He and Weiss had arrived from L.A. the night before to be with her and Nadia during the hearing. She glanced towards her sister and saw that she too was anxious. She was holding on to Weiss' hand as if her life depended on it.
The side door opened and her father and Sloane entered the court. Sydney felt a flash of shock at the sight of them. They had clearly prepared carefully for the occasion and were well groomed, wearing dark business suits set off with conservative ties, presenting the image of reputable professional men to the spectators. Why is does that shock me so much? she wondered. They look just like they normally do. Then she realised that wasn't true. Over the past two months she had become accustomed to seeing them in the unflattering prison uniform, their faces unshaven and their hair dishevelled. A reminder of their status, however, came from the deputy who followed them into the court, the handcuffs he had clearly only just removed from their wrists still held casually in his hand. Sydney knew that the officer probably just hadn't had time to put them away but she couldn't help feel that the sight of them was prejudicial, reminding all those in the court that, despite being legally innocent, both men were being held in custody. As they took their seats beside their lawyers, they turned and smiled at their daughters.
The court clerk called "All rise for the Honourable Judge Alicia Reinhardt."
As everyone in the court followed the instruction, a small, plump, middle aged woman with a motherly face entered from a door behind the Bench, her dark judicial robes flowing as she moved. Sydney knew from Wilson and Shapiro that her appearance was deceptive. She was an experienced and highly respected jurist, with a reputation for running cases in a firm, no nonsense manner.
She sat down and rapped the gavel. "Please be seated. The New York Superior Court, Part 32 is in session. The District Attorney is represented by Mr McCoy and Ms Southerlyn. Defendants by Mr Wilson and Mr Shapiro, Ms Carmichael from the U.S. Attorney's office as amicus curie. There are three Motions filed, two from the defence and one from the prosecution. We'll start with the defence motion for dismissal of the charges due to lack of jurisdiction since the others will become moot if that is granted." She nodded in the direction of the defence table.
Abbie Carmichael rose. Sydney had met her several times during visits to the lawyer's offices and had been impressed with her competence. She waited to hear what she would say.
"Your Honour," Abbie began, "the prosecution's claim to jurisdiction rests on the precedent set in the case of State of New York versus Kruger. As you know, Mr Kruger abducted a child in New Jersey and hid her with an accomplice in the same State. In an effort to mislead investigators he sent her parents a ransom demand from Essex County in upstate New York. He was charged with kidnapping and extortion and convicted of these crimes in Essex County. Mr Kruger appealed his conviction on the basis that the kidnapping had taken place in New Jersey and the victim had never left the jurisdiction of that State. The New York State Supreme Court, however, ruled that the kidnapping had been committed for financial gain and the act of sending the ransom note was an integral part of the crime, giving the State of New York discretion to prosecute the case here rather that return him to New Jersey to face trial.
In giving this judgement the State Supreme Court was very clear that it was not challenging the constitutionally protected right of a sovereign State to prosecute crimes within its' own borders. The ruling dealt only with criminals committing different elements of the same crime in different States. It does not, as the Manhattan D.A.'s office would have this court believe, give prosecutors the right to try a crime committed elsewhere simply because the victim or the alleged perpetrators have ties to this State.
In order for this court to find that jurisdiction exists under Kruger it would have to be satisfied on three points, that the CIA either initiated or actively supported the coup against President Allende, that key elements of the coup were planned from the CIA office here in Manhattan and that Mr Selzer's death was, not only specifically ordered by the Manhattan office, but integral to the success of the operation. The Government has submitted affidavits from a number of extremely reputable individuals who were highly placed in the State Department, the Department of Justice and the CIA at the time the coup took place, all stating that the U.S. Government was in no way involved. The People have presented nothing to disprove these, other than inference, supposition and unsubstantiated statements from individuals of questionable backgrounds. If the People have evidence linking the defendants to Mr Selzer's death, the correct course is for them to pass it to the Chilean authorities who can then ask for extradition in the normal way."
"Thank you Ms Carmichael."
Sydney felt a certain ambiguity around the presentation. On the one hand, she appreciated its cogency and well ordered logic. On the other, however, she had wanted to hear Ms Carmichael robustly declaring her father's innocence. She watched as the Judge's eyes flicked across the room to the lean figure of the Executive Assistant District Attorney.
"Mr McCoy?" Judge Reinhardt asked.
"Your Honour, we believe the evidence that the coup was organised here in Manhattan is very persuasive, nor do we agree with Ms Carmichael's position that the brutal murder of Mr Selzer by the defendants …"
"Objection." shouted Wilson and Shapiro, almost in unison. After a quick glance at each other, Wilson went on, "The District Attorney is testifying and attempting to inflame passions against our clients."
"There's no jury here, councillor" Judge Reinhardt reminded him, "However, less with the emotive appeals Mr McCoy."
It's too late Sydney thought cynically the people here have already heard and everybody else in New York City will know what he said after they've watched the news.
McCoy continued unperturbed, "We do not agree that Mr Selzer's murder has to be integral to the success of the coup for us to exercise jurisdiction. The charge here is Murder in the 2nd degree. It is enough for us to show that the CIA Field Office was actively involved in the coup, that the defendants were acting under orders from that Office and those orders displayed a depraved indifference to Mr Selzer's life."
"I've read the State Supreme Court's judgement and I agree with Mr McCoy's interpretation of it. " Judge Reinhardt commented. "As discussed in Chambers earlier I would like to hear the People's evidence supporting CIA involvement in the coup. Are the witnesses available Mr McCoy?"
"Yes, Your Honour."
Abbie Carmichael rose from the Defence table, "We'd like to renew our objection to this course, Your Honour. Their affidavits have been submitted for your consideration and allowing them to testify in open court simply provides a platform for conspiracy theorists and professional paranoids to insult and attempt to undermine the heroic men and women who daily risk their lives to protect this country from terrorists and other enemies."
"Who's testifying and attempting to inflame passions now, Ms Carmichael?" Judge Reinhardt asked dryly. "You'll have an opportunity to cross-examine the People's witnesses. In the meantime, your objection is noted. Call your first witness, Mr McCoy."
"The People call Miles Henderson."
Sydney noticed that unlike everyone else in the courtroom Sloane and her father kept their eyes firmly fixed forward, not glancing around as an elderly man, with unfashionably long hair and dressed casually in a sports jacket walked through the doors at the back and down the aisle.
Once he was seated on the witness stand and had been sworn in, McCoy began the questioning. "Please state for the record your name, occupation and location during August/September 1973."
"I am Miles Henderson. During the fall of 1973 I was the 'Washington Bugle's' correspondent in Santiago, Chile. I remained in the country during the military's overthrow of President Allende and subsequently wrote a book, 'Bad Neighbours; the CIA's Secret War against Democracy' based on my experiences and observations during that period."
"Please tell this court what led you to believe that the CIA was involved in the coup."
"Shortly after Richard Nixon's re-election as U.S. President in 1972, sources told me that representatives of the U.S. government were meeting secretly with Chilean military personnel known to oppose Allende." Henderson responded, "I followed these reports up and personally witnessed many such meetings, including one between General Augusto Pinochet and a man I subsequently identified as Walter Milligan, then Deputy Director of the CIA's Manhattan Field Office. During my reporting of the coup itself I observed Americans consulting with and issuing orders to Chilean military personnel."
"Did you observe the defendants during this period?" McCoy asked.
Henderson nodded, "Yes. I photographed them in the bar of the Hotel Mirador several days before the coup. They were with other Americans I later saw attached to Chilean military units taking part in the coup."
"Your Honour, we introduce Peoples exhibits 1 through 6."
Serena Southerlyn got up and propped three large blown up pictures against the seats of the empty jury box. They showed a group of seven young men sitting at a table, they were smiling, relaxed and at ease with each other as they raised beer mugs in a toast. Sydney instantly recognised two of the men as younger, more carefree versions of her father and Sloane.
"These were taken on 5th September 1973, six days before the coup." Henderson said.
Serena added a further three blow ups to the gallery. Sydney saw her father's and Sloane's table companions dressed in fatigues and sitting in tanks or jeeps in the company of Chilean soldiers. One photo showed Chilean soldiers using their rifle butts to beat a woman whose body had already been reduced to a bloody pulp while the man who had been sitting with his arm draped affectionately over her father's shoulder in one of the original photos sat watching in a jeep, apparently unmoved.
"These were taken on the day of the coup." Henderson added.
"Let the record show that the defendants were in the company of individuals assisting in the coup." McCoy noted. "Thank you Mr Henderson. Your witness." he invited the Defence.
Shapiro rose, "Tell me; were you able to overhear the conversation between General Pinochet and Mr Milligan?"
"No."
"So they could have been discussing anything, books, movies, their children. Mr Milligan could even have been attempting to persuade General Pinochet to accept Allende's election as far as you know?"
"It doesn't seem likely."
"That's your opinion Mr Henderson. Based on what you actually know, yes or no?"
"Yes." Henderson replied sulkily.
"Can you state from personal knowledge and observation that the Americans in the photographs were employed by the CIA? Yes or no."
"No."
Did you witness either Mr Sloane or Mr Bristow giving orders to, or advising Chilean military units during the coup?"
"No."
"Did you overhear any conversations between these gentlemen and the other Americans?"
"No."
"So, based on what you know rather than what you think, they could have been casual acquaintances, fellow Americans drawn together in a foreign land?"
"Yes, but…"
"Thank you Mr Henderson. Oh! You wrote stories critical of President Nixon during this period did you not?"
Henderson shrugged, "It was Watergate. Everybody was anti-Nixon."
"OK. But more recently you have written articles condemning the detainment facility at Guantanamo Bay and the U.S. liberation of Iraq. You seem to have a predisposition to think the worst of our government, don't you?"
As Henderson opened his mouth to reply, Shapiro raised his hand, "Never mind." he said. He turned towards the Judge, "No further questions for this 'witness'." The tone of his voice was contemptuous as he uttered the last word.
"Thank you Mr Henderson, you may step down." Judge Reinhardt told the man, "Next witness, Mr McCoy."
"McCoy stood as he called, "Jayston Allen."
Sydney glanced towards her father and Sloane and noticed the muscles in their backs tense at the name. It was an almost imperceptible reaction and she only picked up on it because she knew them so well. She noticed their lawyers also shift forward in their seats.
This guy could be bad for us she thought. She watched as he sat down on the witness stand and took the oath. He was middle aged; wearing a brand new off-the-peg suit and his face was blotchy. A heavy drinker she decided.
"Please tell the court your occupation between 1971 and 1974, Mr Allen." McCoy asked.
"I was a CIA analyst employed in the Manhattan Field Office." he replied.
"And during this period did you perform any analysis on the political situation in Chile?"
"Yes," Allen replied, "I was asked by my immediate superior to prepare an options paper on methods of removing President Allende from power. One of the options I put forward involved U.S. aid and support for a military coup."
"What happened after you had submitted the paper?" McCoy pressed.
Allen shrugged, "I don't know but normal procedure would have been for it to have been considered by the Operations Command Team which consisted of the Director, Deputy Director and Chief of Operations of the Field Office."
"Did anything happen after you had submitted the paper to make you believe this had in fact occurred?"
"Yes." Allen replied, nodding emphatically. "Further papers were commissioned profiling potential coup leaders within the Chilean military, Latin American specialists were drafted into the office and there was a significant increase in travel to Chile."
Serena Southerlyn rose from her place on the Prosecution table and gathered together a stack of documents which she brought forward and laid on the Judge's bench.
"Peoples exhibits 7 through 25, Your Honour." stated McCoy, "Research papers, employee rolls and travel vouchers. These documents were surrendered by the CIA and passed to the D.A.'s office after being reviewed by you." He turned to the witness again, "Did anything else happen to convince you that the CIA was planning a coup against President Allende?"
"Yeah." Allen pointed his arm dramatically towards Jack and Sloane, "They appeared."
"You mean the defendants?" McCoy clarified.
"I do." Allen confirmed.
"Why was their arrival significant?"
"They were known specialists in black operations and wet-work. If the CIA wanted something sleazy done or a termination with extreme prejudice performed, Bristow and Sloane were the 'Dream Team' of the day."
"By 'wet-work' and 'terminate with extreme prejudice' you mean murder?" asked McCoy.
"That's right, and they were still doing that kind of work until quite recently at least." Allen added. "I have information that they were both senior officers in an organisation called SD6, which was a black operations unit set up by the CIA to give credible denial to the Agency for acts of assassination, extortion, theft and other illegal activity."
Wilson and Shapiro were on their feet, "Objection!" they shouted, but they were drowned out by the noise from the excited spectators. They had come expecting to hear a story about misdeeds in the distant past, not revelations about recent illegal activity by the CIA.
Judge Reinhardt beat her gavel hard. "Order, order." she shouted but no-one took any notice. Finally she gave up. "We'll adjourn for lunch," she cried. "and re-convene at 2:30 by which time I expect people to be able to behave in an appropriate fashion. Counsel in my chambers – now!" She turned and marched back to her chambers.
TBC
Glossary
Adjourn – an official decision to temporarily halt court proceedings, normally for a stated period of time.
Affidavit - a written declaration made on oath before somebody authorized to administer oaths, usually setting out the statement of a witness for court proceedings.
Amicus Curie - An individual or group who are not a party to the proceedings but have an interest in its' outcome who appears in court to argue in favour of the position taken by one of the parties.
Chambers – the name for a judge's office.
Cross-examine - Questioning of a witness by the lawyer who did not call them as a witness.
Defendant - a person required to answer criminal or civil charges in a court
Extradition - the handing over by a government of somebody accused of a crime in a different country for trial or punishment there.
Jurisdiction - area over which legal authority extends
Moot – Irrelevant.
Motions Hearing - A court proceeding where testimony is given, exhibits are reviewed, and/or legal arguments are made, to help a judge decide an issue in a case.
Objection – Used to draw the attention of the judge to some perceived breach of court procedure by a witness or the opposing lawyer
The People – Alternative name for the Prosecution (since prosecutions are taken on behalf of the citizens of a State).
Precedent - the doctrine that requires a court to follow decisions of superior or previous courts.