Phantom Leader Part 44

All systems operating. We can hang around while you drop." Deacon Docks spoke in a faraway, almost detached voice, as if he were merely a dispa.s.sionate witness, not an embroiled partic.i.p.ant.

"Okay," Court said. "Let's join up like we're leaving the area and check each other over for damage."

"Rog. Level at fifteen, indicating 350, heading 260." Minutes later Court was in formation. They took turns flying around and under each other, looking for holes.

"You've got a few holes in your right engine bay, but you're not leaking anything," Court said.

"And you're clean, Lead," Deacon said after his check of Court's aircraft.

A think we're out of sight now. We'll circle north and I'll go in again," Court transmitted. He started climbing and led Docks to the north of Rho Magna, then started back south.

He checked in with Hillsboro and Invert for flight monitoring and radar coverage.

They both knew it wasn't smart for Docks to fly a crippled airplane home without an escort. Nor was it good practice for Court to attack a heavily defended target by himself.

Both cases required a witness to call for help in case the other went down. Therefore it was imperative they stay together, plus have Invert and Hillsboro monitor their progress.

"Okay, Toby, this time we'll surprise them and come down out of the north."

"Some surprise," Toby said. They both knew there would be no surprises to the alerted gunners below. "At least they'll have to replot their killing zone and we can pull off into the sun."

"I'm not going to pull east," Court said. "We just saw they're fused for that already. I'll pull west and hope for the best. Let's hope they figure I won't pull off in the same direction twice."

"Rog."

"It suddenly occurred to me why they were ready for our run in from the sun, and why they fired barrage instead of individual tracking."

"Why?" Toby asked.

"They probably do that every day just in case anybody ever had the idea to do a surprise attack out of the morning sun."

ilk Court maneuvered to the attack position and called Deacon Docks.

"Okay, Phantom Two. Orbit high and dry. We'll pick you up when we come off target." Docks rogered, and Court readied himself and his airplane to roll in.

"I'm going to make this one different," he told Toby. "I'm going to roll in lower, from eighteen thousand, to keep our exposure time during the dive as brief as possible. I'll still release at ten grand. All bombs at once. There's no second pa.s.s."

"That's what you said last time."

Court chuckled and put them in a dive, slowly bringing the gunsight pipper to the target.

"Seventeen," Toby sang out, "sixteen-"

"Christ," Court said in surprise. "I see the big gun. It's rolled out on some sort of tracks that had been covered with sand. And a big camouflaged door is opened in the rocks behind it. s.h.i.t hot."

"s.h.i.t hot, huh? Who they aiming at?"

Court didn't answer. He concentrated on stabilizing the Phantom and compensating for the crosswind that had arisen since his last pa.s.s. He eased the pipper to the gun.

"Fifteen, airspeed 420. Dive angle sixty. Fourteen, airspeed 430-"

Toby intoned.

Court had his pipper placed such that just as his airplane would flash through 10,000 feet and he had his computed release airspeed of 450 knots, he could ripple off the bombs.

He planned on marching them through the gun, then along the track to the cave mouth. If he didn't get the gun, at least he'd get the track or the opening so the 100mm was trapped outside and could be destroyed by another flight. He re-checked his switches by feel.

"Thirteen, airspeed 440. Twelve, airspeed 450-"

Then the sky lit up below them as the 37- and 23mm AAA guns opened up.

This time the gunners were trying to track and shoot directly at him as well as set up a barrage at his release alt.i.tude.

"Toby, we got to go lower. They're barraging ten grand."

"s.h.i.t oh dear. We're pa.s.sing through eleven . . . now."

"I'll pickle at nine." Court knew the shortest time in the barrage zone was to dive through it. To pickle higher meant they'd bottom out in it; to pickle in the zone would give the same effect. He had to release lower. He steadied the aircraft as a loud explosion went off behind them.

"Ten thousand, airspeed 450-"

Suddenly, through the smoke and explosions in front of his gunsight, Court saw the big gun fire three times and start back up the rails to the opening. Shrapnel rattled off the side of the plane as three more 37mm sh.e.l.ls burst on their left.

"NINE THOUSAND. PICKLE, PICKLE, PICKLE," Toby yelled.

In a split second Court had to place the pipper short of the gun, otherwise the bombs would fall beyond the target due to his releasing 1,000 feet lower than he had computed. He pressed the small red b.u.t.ton on top of the control stick, felt the bombs ripple off as the ejector cartridges boosted them from the racks, then banked and yanked first left then right.

Two cherry tracer streams played behind them, sending looping fireb.a.l.l.s after their plane. There were no 37mm bursts. With a m.u.f.fled bang that neither man heard, one 23mm sh.e.l.l tore a jagged hole in the trailing edge of their rudder.

Both men grunted to keep blood in their heads as Court pulled seven Gs on the big Phantom. Then they were west and out of the firestorm and able to lighten the G-load and look back at Rho Magna. Four huge dirt-and-gunpowder clouds were drifting down the hill, nearly obscuring tumbling rocks and an avalanche of earth from the plateau.

Smoke and sheets of fire spurted from the mouth of the cave.

The gun-carriage tracks were twisted and bent in the air like a wrecked roller-coaster.

"Yahoo," Toby cried. "Look at that gun, will you?"

The gun had been blown off the plateau and down the steep sides. The tube had separated from the carriage and lay like a section of black sewer pipe along the slope.

"Just another day at the office," Court said. "It's safe enough now.

I'm going over the site at fifteen thou. Get some pictures."

Court flew over the smashed gun while Toby snapped pictures with his camera. Court called Deacon Docks.

"Phantom Two, what did you think of that action?"

MEL There was no answer. He called again. "Phantom Two, check in."

"Oh s.h.i.t," Toby said. "Look back at four o'clock."

There in the morning sky were the residual puffs of the three 100mm sh.e.l.ls and a long vertical streak of black smoke that led to a fireball on the ground.

0900 HOURS LOCAL, FRIDAY 15 MARCH 1968.

MACV HEADQUARTERS TAN SON NHUT AIR BASE REPUBLIC OF VIETNAM.

Lieutenant Colonel Wolf Lochert stood next to his chair in the small room where he was to be tried for murder. He wore his This, the Tropical Worsted uniform, because Gant had demanded he do so. Gant felt the This to be neater and more imposing than the TCUs (Tropical Combat Uniform) or the tiger suits worn by some combat infantrymen and almost all of the Special Forces soldiers. It was the only "coat" uniform authorized in Vietnam. Wolf had made up his uniform with all his badges, patches, and decorations. Gant had demanded that also.

To Woll7s left stood his defense counsel, Major Jay Denroe. To his right stood his a.s.sistant defense counsel Archie Gant. Denroe wore his khakis so as to not detract from Wolfs This. Gant wore a white cotton suit, black string tie, and carried a straw fan. He found that most of the members of the court were from the South and knew exactly how they expected their lawyers to look. Across from them, behind the longest table in the room, stood the seven members of the court: three full colonels, one of whom was president of the court, and four lieutenant colonels. The law officer and the court reporter were to their left. To their right was the trial counsel, Colonel Bruno Rafalko, and his a.s.sistant. The trial counsel in a court-martial is the man appointed to prosecute the accused. Two air conditioners chugged and hummed in the background.

In a dry voice without intonation, the law officer opened with the litany that all the papers, procedures, and legal qualifications of those present were in order. He nodded at the president, the full colonel so appointed on USARV orders, who called the court to order and said the attendees may be seated.

Colonel Bruno Rafalko rose. He was a tall, athletic-looking man with short brown hair. He had wide-set brown eyes and wore khakis with badges and decorations that showed he had seen combat in World War Two and Korea. Although he had the CIB, he did not wear a paratrooper's badge. He faced the court.

"The court is convened by USARV appointing orders G-6, a copy of which has been furnished to the law officer, each member of the court, the accused, and to the reporter for insertion at this point in the record."

He turned to the seven members of the court. "The prosecution is ready to proceed with the trial in the case of the United States against Wolfgang Xavier Lochert, Lieutenant Colonel, 5th Special Forces Group, who is present in court."

Bruno Rafalko then swore in the reporter and introduced the two defense counselors to the members of the court.

"Proceed to convene the court," the law officer said.

"The court will be sworn," Bruno Rafalko said. "All rise while I administer the oath." He then swore in each member of the court. When he finished, the president took over and swore in Colonel Bruno Rafalko, then turned to Denroe and Gant.

"You, Major Jay Denroe and Mister Archibald Gant, do swear that you will faithfully perform the duties of defense counsel and will not divulge the findings or sentence of the court to any but the proper authority until they shall be duly disclosed. So help you G.o.d?"

"I do," Major Jay Denroe said quietly.

"I do," honked Archie Gant, thinking to himself that these military guys do a lot of swearing-in of each other.

The court members turned to face the law officer, who said: "The court is now convened. You may be seated." The room resounded with the guttural barks of wooden chairs sc.r.a.ping on the wooden floor as the members sat down. The trial counsel remained standing. He addressed the members of the court.

"The general nature of the charges in this case is murder; the charges were preferred by Commander, USARV. So far, the records of this case disclose no grounds for challenge."

He looked around the men in the room. "If any member of the court is aware of any facts which he believes may be a ground for challenge by either side against himself, he should now state the facts." When none of the members spoke up, he addressed Denroe and Gant. "Does the accused desire to challenge any member of the court for cause?" This offer gave Wolf and his defense an opportunity to give a reason why one or more members of the court should be replaced.

"We do not," Denroe said.

"Does the accused desire to exercise his right to one Peremptory challenge against any member?" This allowed Wolf to request any one member be dismissed without stating a reason.

"We do not," Denroe said.

Colonel Bruno Rafalko continued the ritual of opening a general court-martial by reading the charges against Wolf.

"The charges have been properly referred to this court for trial and with their specifications are as follows. Charge.

Violation of the Uniform Code of Military Justice, Article 118.

Specification: In that Lieutenant Colonel Wolfgang Xavier Lochert, U.S.

Army, Fifth Special Forces Group, Nha Trang, Republic of Vietnam, APO 96240, did, at Saigon, Bien Hoa Province, Republic of Vietnam, on or about 28 January 1968 murder Huey Dan, citizen of the Republic of Vietnam, by means of stabbing him with a knife." He looked over at the defendant's table.

Denroe and Gant arose. "The accused, Wolfgang Xavier Lochert, pleads, to all charges and specifications, not guilty," Denroe said and sat down. Gant remained standing.

Denroe tugged at his sleeve but Archie shrugged him off.

Ignoring him, the law officer looked at Bruno Rafalko.

"Does the trial counsel wish to make an opening statement?"

"Excuse me," Gant said. "The defense has additional evidence which we would like to introduce at this time and perhaps save" he bowed toward the trial counsel's table"the prosecutor some time."

"Does the trial counsel have any objections?" the law officer asked.

Bruno Rafalko sucked at his upper lip and studied Archie Gant. "I do not," he said finally.

Gant fished a folder from his briefcase and waved it in the air.

"I am going to produce a sworn statement to the effect that the man named Huey Dan, allegedly murdered by the defendant, Lieutenant Colonel Wolfgang Lochert, was in fact a known agent, spy, and terrorist for the communist army from North Vietnam "

"Objection!" Bruno Rafalko said as he jumped to his feet.

"Counselor is making use of a political appellation by choosing the word 'communist."

"Sustained," the law officer said and nodded at Gant.

"I beg the court's pardon," Gant said in an overly polite voice.

"Although North Vietnam avows communism, practices communism, is governed under communist principles, and is in fact supplied by the two separate communist governments of Russia and China, I will not refer to the North Vietnamese communists as communists. I will refer to them as 'the enemy army." I trust that appellation, as the prosecutor puts it, will please the court?"

The law officer nodded. "Proceed," he said. The members of the court concealed grins. They were line officers whose job it was to kill communists. They knew very well what Gant was trying to do.

"To continue," Gant said. "I am going to produce a sworn statement to the effect that the Vietnamese known as Huey Dan was a known agent, spy, and terrorist for the communist army . . . oops, sorry, the enemy army from North Vietnam."

"Objection!" Rafalko said in a loud voice. "First off, it makes no difference if Huey Dan was connected in any way with the other side. He was an unarmed man murdered in broad daylight. Secondly, a sworn statement is not enough.

The defense must produce the witness."

"Now, hold on there-" Gant started, but was interrupted by the law officer.

"Gentlemen," the law officer said, "the court is in recess for five minutes while I talk to the counsels in private." He crooked a finger at Rafalko and the two men at Lochert's table. They followed him to a small office down the hall. The LO did not want the members of the court to be influenced one way or the other by two squabbling lawyers.

He realized he should have declared the recess when Gant first wanted to introduce the evidence. Presentation, and acceptance or rejection of additional evidence, should be performed away from the members lest they hear or see something prejudicial to the case.

"Clarify your objection, Colonel Rafalko. State what you want," the law officer said.