Free The TRIBUNAL by Peter B. Robinson Page A

judge.
        “Will the accused please rise,” Judge Davidson repeated more forcefully.
        Draga made no effort to move.
        “I order the guards to bring Mr. Zaric to his feet.”
        The two guards flanking Draga attempted to pick him up out of the chair. They struggled to do so as Draga went limp. Soon, two more guards rushed over. The four of them lifted Draga out of his chair and propped him up in a standing position.
        Kevin caught Draga’s eye as the struggle ended. Draga glared at him.
        “Mr. Zaric, have you received a copy of the indictment?”
        No response.
        The judge looked at Kevin. “Counsel, have you provided a copy of the indictment to the accused?”
        “Yes, Your Honor.”
        The judge looked back at Draga. “What is your true name, sir?”
        Kevin was on his feet. “Your Honor, I respectfully direct my client not to answer that question.”
        “I beg your pardon,” Judge Davidson said, surprised.
        “The burden is on the prosecution to establish that the person in this courtroom is the same person accused in the indictment. I request an identity hearing be held for that purpose.”
        Kevin had seen good defense lawyers do this in federal court.
        Judge Davidson looked annoyed. “Counsel, I understand that you are new here. It is standard procedure in this Court for the accused to state his true name for the record at the initial appearance.”
        Looking at Draga, Judge Davidson continued, “What is your true name, sir?”
        Kevin hesitated for an instant, and then was on his feet. He was determined to protect his client’s rights. “With all due respect, Your Honor, my client should not be compelled to give evidence against himself. It is the prosecution’s burden to prove that he is the person accused in the indictment. I request that the Court require them to do so at a hearing.”
        Judge Davidson was exasperated. “Sit down, counsel.” He turned to the prosecution table. “What is the prosecutor’s position on this?”
        Bradford Stone rose and smiled at the judge. “Clearly Mr. Anderson is inexperienced with our procedures. Why, Mr. Krasnic has already told the court that the person here is Mr. Zaric.”
        “Perhaps the prosecutor wishes to call Mr. Krasnic as a witness,” Kevin retorted, “at a hearing which is required for that purpose.”
        Kevin saw Krasnic glare at him.
        Judge Davidson ignored Kevin. He looked at Draga. “Mr. Zaric, if you do not now declare your true name, I shall hold you in contempt.”
        Draga said nothing.
        Kevin rose again. “Your Honor, my client cannot be held in contempt. He is simply following the advice of counsel in this matter.”
        “Then I will hold you in contempt,” the judge growled.
        “Your Honor,” Kevin pleaded, “will you at least ask the prosecution what law they rely on for the proposition that an accused may be compelled to state his true name when the issue of identity is contested?”
        Judge Davidson turned to the prosecution. “What does the case law hold on this point, Mr. Stone?”
        Bradford Stone looked surprised. “Well, Your Honor,” he sputtered, “I don’t recall a case on this point. But we have always proceeded this way. I don’t know that it has been challenged before.”
        “All the more reason to proceed cautiously, Your Honor,” Kevin chimed in.
        The judge glared at Kevin. “Court will be in recess. I will see counsel in my chambers.” The judge rose from his chair, throwing his glasses on the bench.
        “Your Honor,” Kevin called out.
        The judge stopped. He glowered at Kevin.
        “I regret to say that I cannot go into chambers with the Court. My client does not trust me as it is. I request that all proceedings in this case take place in his presence in open