The Last Hour (Thompson Sisters), Sheehan-Miles, Charles [reading an ebook .txt] 📗

“Major General Buelles.”

Elmore walked away from Smalls. Back to the judge and court-martial board, he took several gulps from a bottle of water at our table and turned around. “Major Smalls, I need you to answer this question very clearly. At what point did my client change from being considered a witness to a suspect?”

Smalls looked down and said, “We questioned Sergeant First Class Benjamin Colton on December 15th. He made the accusation against Sherman at that time.”

Elmore sighed. “Major Smalls, at what time were charges formally referred against Sergeant Sherman?”

“March 13th.”

“And how many times did you question Sergeant Sherman prior to that date?”

“Fourteen times total.”

“The trial counsel has entered into evidence your report of that investigation, correct?”

“Yes.” Smalls was dripping sweat by this point.

“And your recommendation was what?”

“Based on the testimony of Sergeants Sherman, Hicks and Colton, I recommended that an Article 32 investigation be convened.”

“Was my client ever once, during your investigation, advised that he could not be compelled to make any statements which might tend to incriminate him?”

“I told you, he wasn’t a suspect at that time.”

Elmore walked away, then turned around and faced the judge. “Your honor, based on the testimony we’ve just heard, Major Smalls’ investigation largely relied on the testimony of the accused, who was not advised that he was a suspect or of his right to remain silent. I’m requesting that the report be stricken from evidence as inadmissible.”

My heart was thumping. Elmore had ripped Smalls’ testimony to shreds.

Colonel Martinez leaned back in his seat and said, “Trial-counsel?”

Captain Cox stayed at his desk, but said in a loud, clear voice, “Your honor, the record reflects that charges were not referred against Sergeant Sherman until March 13th. At that time he was notified and counsel was appointed for him. I don’t see any problem with the report.”

Elmore spoke again. “My client is on trial for murder, based on the testimony of two accused soldiers, and conspiring to cover up that murder, based on the so-called evidence in this report, which was largely obtained under false pretenses—”

Martinez held a hand up, and Elmore stopped talking immediately.

“Major Elmore, I’ll take your objections under advisement. At this time the report stands. Your client voluntarily reported the crime. Based on that, it was reasonable for him to assume that he would be questioned at some point.”

Elmore sagged a little then nodded. “No further questions,” he said. He returned to his seat next to me.

I leaned close and said, “So ... what does all that mean?”

He shrugged. “It was worth a try. It means that if they get a conviction, you’ve got strong grounds for an appeal. At this point, with no physical evidence, it’s basically your testimony against theirs. So we have to shred their testimony every chance we get.”

I exhaled. Grounds for an appeal. An appeal would take years ... years when I would be in prison. I looked over my shoulder, back at Carrie who sat behind me in the front row. She reached out a hand, and I took it, in silence.

Over lunch, Elmore looked upbeat, so much so that Carrie challenged him.

“Maybe I just don’t know enough about how this stuff works,” she said. “But I’m really worried.”

Elmore looked over the table at her. We were eating in a small office that had been set aside for us. “The bottom line,” he said, “is you have to maintain hope. Smalls basically threw her testimony on your behalf, even though she was a prosecution witness.”

I shook my head. “I don’t understand.”

“She doesn’t believe you did it. That should be clear enough. She got your report, interviewed you, then went and interviewed the other guys, and they weren’t credible. But she can’t say that. You can bet your ass Colton was read his rights.”

“That’s crazy,” Carrie said.

Elmore shrugged. “Crazy it might be. But Smalls is too good an investigator for it to be anything else. So Colton’s up next, then Hicks.”

“Why are they doing Colton first?”

“I’m guessing it’s because he’s got the most to lose. Whatever he says, it’s going to look self-serving. Hicks can play the impartial witness.”

I swallowed. “Hicks and Colton have been friends for a decade almost. Will that matter?”

“We’ll address that on cross-examination.”

A knock on the door signaled it was time to go back. I felt my stomach tense up, and I stood. “I should have grabbed a smoke while I had the chance.”

“Ray,” Elmore said. “I’m gonna do my best to get you clear. All right?”

I nodded.

Ten minutes later we were back in the courtroom.

Colonel Martinez began the preliminaries, and a few moments later, the trial counsel called in Sergeant Colton. I tensed up, forcing myself to not look at the back of the room as Colton entered and made his way to the witness chair. The members of the court-martial board, arrayed at two tables on either side of Colonel Martinez, looked back and forth from Colton to me as he took his seat.

I took a deep breath as he took a seat, and finally looked over at him.

Colton looked different. Older, tired. The left side of his face noticeably sagged, the left eye not as open as the right, and his mouth curved down toward the left in a permanent frown. It was as if his face had been melted almost, the stroke leaving him a caricature of himself.

Captain Cox approached Colton and said, “Please raise your right hand and repeat after me. I swear, or affirm, to tell the truth, the whole truth, and nothing but the truth.”

Colton raised his right hands and repeated the words, his speech slightly slurred. It was hard to watch this man, who had been my platoon sergeant since I finished training, the man who had saved the lives of several members of our platoon, the man who had been disciplinarian and father and friend to all of us. It was hard to watch him now, one side of his face firm and proud and just like I remembered it, the other side