Free Diamondhead by Patrick Robinson Page B

occupied by Captain Dunning were large twin flags of the United States of America, hung at an angle. Between them was placed the imposing emblem of the United States Navy. Four captain’s chairs, carved from mahogany, were set next to Boomer Dunning, two on either side.
     
    Two navy guards were already on duty at the entrance to the courtroom. Two more were stationed inside, on either side of the door. Before the panel there were two large tables. The one on the left was, appropriately perhaps, for the prosecutor and his assistant. The one on the right was for Cdr. Al Surprenant and Lt. Cdr. Mack Bedford.
     
    Also sitting in on the trial was the SEAL commander Rear Adm. Andy Carlow, plus the commander in chief of the Pacific Fleet, Adm. Bob Gilchrist. The two regular court stenographers would take down the official record, and witnesses would not be permitted to confer. They would be accompanied into the courtroom, sworn in, and then accompanied out without further contact.
     
    The trial began at 0900. The courtroom was relatively full, for a navy court-martial, and four members of the panel were already seated. Commander Surprenant and the accused officer were the last to arrive, before Captain Dunning himself took his place and said immediately, “Please proceed with the case against Lt. Cdr. Mackenzie Bedford.”
     
    Capt. Paul Birmingham, who stood six-foot-five, climbed to his feet and stated, “Lt. Cdr. Mackenzie Bedford, of Foxtrot Platoon, SEAL Team 10, is charged that on the twenty-ninth day of May this year, in the Republic of Iraq, he did willfully murder twelve unarmed tribesmen, residents of the town of Abu Hallah . . . ”
     
    Al Surprenant shoved back his chair, stood up, and snapped, “OBJECTION!”—which was just about unprecedented in the history of United States Naval justice, since the full charges had not yet been read, the prosecution had not uttered one word, and the defense counselor was somewhat rudely interrupting the force judge advocate general, one of the senior legal minds in the entire United States Navy.
     
    Paul Birmingham swiveled around to face Al Surprenant, and Captain Dunning looked quizzical, turning toward Captain Birmingham as if to seek advice. No one knew quite how to treat this sudden violent swerve from the orthodox. But no one needed to. Al Surprenant made himself clear, extremely quickly.
     
    “Captain Dunning, sir,” he said. “The word ‘unarmed’ cannot be permitted in this charge because no one has the slightest idea whether they were armed or not. No member of the United States armed forces, nor indeed of the diplomatic services, has even seen the bodies. Thus, the word ‘unarmed’ is, at best, hearsay, or, at worst, untrue. Neither are acceptable. I ask the word ‘unarmed’ be deleted from the charge.”
     
    Captain Dunning turned once more to Paul Birmingham and said, “Advice, please.”
     
    The force JAG, boxed into a legal trap, replied, “Sir, the matter was referred to the Naval Trial Services, who considered it appropriate for the word ‘unarmed’ to be included, since that is the essence of the accusation by the Iraqis against the U.S. It is not my place to step in and alter the charge, though I do see there is cause for some anxiety.”
     
    “Captain Birmingham,” said Boomer Dunning. “Am I required to pass judgment on this? And have the charges altered?”
     
    “You are not required, sir. But it is within your power to rule on it. Alternatively, you could just adjourn and have the matter referred to the legal department in the Pentagon.”
     
    “I think Lieutenant Commander Bedford has suffered quite sufficient anguish without me prolonging it,” replied the trial president. “We will proceed. Commander Surprenant’s objection is sustained. I rule the word ‘unarmed’ will be struck from the record, on the basis we most certainly do not know whether they were armed or not.
     
    “Paul, perhaps you will make the changes.