Brent Marks Legal Thriller Series: Box Set One - Brent Marks Legal Thriller Series: Box Set One Part 32
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Brent Marks Legal Thriller Series: Box Set One Part 32

"I assume that was rhetorical, sir?"

"Yes, Peppard, don't get your balls in an uproar."

Corporal Peppard took them on a tour of the specific points that were enumerated in the court order. First stop was the cell that Ahmed had lived in the last days of his life. It was a small concrete block with no windows: just a steel door with no bars. Rick took photographs of every detail of the cell. Only one detail was missing: There was no heavy metal music played during the entire tour. The hole where Ahmed spent his days in solitary confinement was even smaller, with no bed, no toilet, and no wire mesh ceiling.

The force-feeding room looked like the bland and plain room that you would expect to find in a medical clinic, the centerpiece of which was the bizarre force-feeding chair, with the hand, foot and head restraints you may expect to find on a chair used for lethal injections or the electric chair.

They examined the two-foot long nasal feeding tubes and gravity feeding bags. The jackpot came when Rick and Brent were given a copy of a video which showed every sickening detail of Ahmed being force-fed, including the presence of the feeding team who had extracted Ahmed from his cell, dressed in full riot gear: bullet proof flak jackets over their camouflage fatigues, helmets with visors. Brent and Rick watched in horror the 25-minute-long video, which showed Ahmed being strapped in the chair, screaming in pain as the tube was inserted into his nostril without anesthesia, coughing and spitting out the tube twice, and finally vomiting blood after the feeding.

"Is this the only video of Mr. Khury being force -fed?" asked Brent.

"Yes sir," replied Corporal Peppard.

The tour finished in the TV room, where detainees were shackled to the floor to watch television, the interrogation room, with its four blank walls and the post in the floor to shackle detainees' arms and legs in a fetal position while they were being interrogated, the shower room, where detainees are allowed one 15-minute shower per week, and finally, the exercise area, a 10-five by eight foot chain link structure, like a small dog run, with multiple fences and loads of barbed wire, where Camp 7 detainees are allowed 15 minutes of "exercise" per week.

"Dude, that place is a Gulag," said Rick, as they sat in the 'House of Yum,' exhausted both physically and emotionally. "They've got this McDonald's and KFC on the outside, total Americana, right? And they're right next door to the House of Pain."

"Write a letter to your Congressman, Rick," said Brent, facetiously.

"No, seriously, they say you're a terrorist, ship you off to a U.S. base and do anything they want to you because you're technically not in America? That's gotta be a crime."

"The president's legal advisors don't think so. They say the Geneva Conventions don't apply to detainees, and neither does their own Military Code of Justice."

"Dude, we could never get away with that shit in the States."

"Yes they can," said Brent. "Thanks to the Patriot Act, they can secretly raid your house, eavesdrop on your email, and grab your private banking and library records. They can look up your online asshole with a microscope using their 'roving warrant.' They can hold you on no charges for up to five days, and, if you're an immigrant, indefinitely."

"It's not right."

"That's why we're here. This is not the greatest vacation destination, you know?"

CHAPTER TWENTY-SEVEN.

Depositions are usually tedious and boring. They are a discovery tool which allows the attorney taking the deposition to ask more than he would at the time of trial, because there is no judge present to rule on objections, which are mostly for the record, to be decided upon at trial if the transcript of the deposition is used for something. Even if a witness was lying, you can get a good indication of his demeanor as a witness at trial.

Rick Penn's presence was invaluable to Brent, as he was an expert at reading facial expressions and body language. He was the closest thing to a human polygraph machine.

The deposition of Sergeant William Brown promised to be a most difficult one. The deposition took place inside a conference room at Camp Delta, the likes Brent had never seen before at Camp 7. It had a classic wooden conference table, with padded chairs, an American flag, of course, and pictures of George W. Bush and Dick Cheney on the walls.

Brown was represented by a JAG naval officer, as well as the Assistant U.S. Attorney from the DOJ's Los Angeles office, Timothy Nagel, a wiry looking young nerd with 70's style glasses and a baggy suit, whom Brent supposed was going to be more of a challenge than he looked.

The festivities started right away, when Brent and Rick sat down across from Brown.

"Who is this man?" asked Nagel.

"This is my investigator," replied Brent.

"He can't be in here."

"Okay, let's break and go to Los Angeles to hear a motion on your protective order. See you back here tomorrow. Deposition adjourned."

"Wait a minute, wait a minute. I guess it's okay," Nagel relented.

The deposition of Brown proved to be all that Brent thought it would. He was well coached, and instructed not to answer questions that were considered "classified." His testimony was, for the most part, given in a dry, emotionless monotone. However, when Brent went into unchartered territory, the fishing got a little bit better.

"Sergeant Brown, is there an operating procedure for processing new detainees at Camp 7?"

"Yes, sir."

"Are you trained on those procedures?"

"There is manual of standard operating procedures."

"Mr. Nagel, will you agree to produce the manual without a motion?"

"It's classified."

"Was Mr. Khury processed as a new detainee at Camp 7 in accordance with the standard operating procedure?"

"Yes, sir."

"And can you describe his processing?"

"Objection, irrelevant."

"Go ahead, Sergeant," said Brent.

"Counsel, this isn't relevant to your wrongful death claim."

"It may lead to the discovery of admissible evidence, so I'm entitled to it. Are you instructing him not to answer? Shall we break for a motion to compel?"

"No, but I reserve the right to do so, depending on the question."

"Fair enough. Sergeant Brown, please describe the procedure of how Mr. Khury was processed as a new detainee."

"Well, upon arrival, he was cleaned, his clothes disposed of, personal property bagged and accounted for, earmuffs and black boxes removed for return to the Air Force, and hand and ankle shackles replaced with our standard issue."

"What was the next step of processing?"

Brown looked at Nagel, and at the JAG for any disapproval, and, seeing none, continued.

"He was then cleaned, his hair cut, and was strip searched."

"Did this include a body cavity search?"

"Yes, sir."

"Then what?"

"The next step of processing was to implement a Phase One Behavior Management Plan as directed by the JIG."

"What is the JIG?"

"Joint Interrogation Group."

"What did you do to implement the Phase One Behavior Management Plan on Mr. Khury?"

"First, he was given his basic comforts-only package."

"What was in the basic comforts-only package?"

"An ISO mat, one blanket, one towel, one roll of toilet paper, toothpaste and a finger toothbrush, one Styrofoam cup, one bar of soap, a copy of the camp rules, and a Koran."

"What kind of contact was allowed Mr. Khury during Phase One of his behavior management plan?"

"No contact."

"Not even the International Red Cross?"

"No, sir."

"What if he had a medical problem?"

"He didn't."

"Was he given access to reading material?"

"No, sir."

"How long did Phase One last?"

"Two weeks."

"Was there a Phase Two of behavior management?"

"Yes, sir."

"What did Phase Two consist of?"

"Phase Two was a program to isolate Mr. Khury and foster his dependence on the interrogators."

"How was that done?"

"By exploiting his sense of disorientation and disorganization."

"And who was the interrogator?"

"Objection, that is classified," said Nagel.

"Join," said the JAG.

"I intend to schedule an Order to Show Cause why the identity of the interrogator be kept secret, and an order allowing me to depose him," said Brent.

"Go ahead," said Nagel. "It's classified."

"How was he isolated?"

"He was kept in an isolation cell in the MSU."

"With no windows?"

"Correct."

"What is the MSU?"

"Maximum Security Unit."

"Was the cell lit?"

"As needed."

"What does that mean?" asked Brent.

"It was lit per the instructions of the JIG."

"Was Mr. Khury subject to long periods of blackout?"

"What do you mean by blackout, sir?"

"Long periods of time with no light in his isolation cell."

"I don't remember."

"How long was Mr. Khury in isolation?"

"Four weeks."

"Was Mr. Khury classified as a non-privileged enemy combatant?"

"Yes, sir."