Doing the Markovic Shuffle: Witness Mesmerized by Milosevic

Not since Rade Markovic, Milosevic's one time security chief, took the stand has the Court seen the hypnotic effect Milosevic can have on people. Witness B-1775, who was responsible for disposing of corpses in Northeastern Bosnia from 1992 to 1995, fell under Milosevic's spell after testifying on direct examination about collecting hundreds of bodies from at least half a dozen sites in the Zvornik area in April 1992. Arkan ordered him to do it.

In a cross examination that almost seemed rehearsed, Milosevic took the witness through a litany of questions about Muslim attacks against Serbs to which B-1775 obediently responded with a succession of 'da's' (yes's). Sounding like an 'amen chorus,'* B-1775 agreed to every statement Milosevic read out, including a long list of villages allegedly attacked by Muslim forces both before and after Serb forces attacked Zvornik. Milosevic identified Serb villagers by name, asking the witness if he remembered when they were killed. B-1775 said he remembered each one.

Encouraged by the witness's cooperation, Milosevic began asking if he remembered how the bodies of many victims were mutilated, describing them individually. Though B-1775 began his cross examination by agreeing with Milosevic that he couldn't remember with precision everything that happened ten years ago, he had no trouble affirming everything that Milosevic put to him. He dutifully agreed that it was more likely he'd collected 50 bodies in Zvornik than the 100 he claimed during direct examination. And when Milosevic asked him if he recalled transporting at least 5000 'dead men's coffins of Serb fighters . . . to Vlasenica,' he said yes.

On redirect examination, however, Milosevic's spell was broken -- at least for a time. Prosecutor Dermot Groome asked him about those 5000 coffins. 'Were they empty or did they have bodies in them?' 'Empty,' replied B-1775. 'Were they for Serbs only or for Serb and Muslim soldiers?' 'For Serbs and Muslims as well.' With those two questions, Groome exposed Milosevic's attempted manipulation.

Turning to Milosevic's lengthy list of persons who had been killed, Groome began his assault on the amen chorus. 'What were the injuries that Radomir Pavlovic suffered?' B-1775 responded, 'I can't remember. I remember going there, took over the body. There were a great many, so I can't remember.' Groome persisted, 'Dragomir Bozic, what were his injuries?' B-1775 became flustered, 'I can't remember all the injuries . . . . I just remember the places I went. Usually they were in bags and wrapped in blankets. I would load them and drive off. I didn't look.'

Before Groome could continue pulling down the tower that Milosevic built, block by block, Milosevic came to the witness's rescue -- or attempted to, objecting that these were not proper questions. 'It is one thing when I tell the witness everything, the name and circumstances. If he's only given the name, it is impossible for the witness to remember. Mr. Groome is intentionally asking the question in a way the witness can't remember.' Milosevic seemed unaware that the opposite was equally true. He was providing the witness with his answer, in effect testifying for him.

Judge May told the prosecutor to continue asking the question he had begun, that is, whether the witness had any independent recollection of the events and specific injuries. According to evidentiary rules, having an independent recollection of events in the past is the basis for testifying about them, though a witness may use contemporaneous notes or a diary to refresh his memory. B-1775's response showed that he lacked that kind of detailed memory. 'I don't remember the injuries because it was not my custom to look at them.' To clarify, Groome repeated, 'So your testimony is that you didn't look at the bodies and observe the injuries?' Witness: 'yes.' In answer to another question from the prosecutor, the witness said he got his information about the mutilations from reports on the radio or in the newspapers.

Though the cross examiner is not permitted to ask additional questions after redirect examination, Milosevic, extremely agitated, asked Judge May to permit him one more question to clear up a 'misunderstanding.' Though out of order, Judge May permitted it. Rephrasing the Accused's question, he put the following to B-1775: 'You are now being asked about mutilation of Serb bodies. You just said to the prosecutor this was information you received from radio and TV. Is that right or did you see mutilation yourself?.'

Moving back into the amen corner, the witness eagerly responded, 'There were mutilated bodies, without arms, legs, disemboweled with their guts spilling out. I saw it in [he identified about five locations]. It was filmed on TV -- me taking a head and reuniting it with a body.' Asked when that occurred, the witness couldn't remember, except to say it was after events in Zvornik.

This testimony gives rise to much speculation. Was the witness a defense plant? Did he succumb to Milosevic's mesmerizing power? Is he an inveterate liar or merely someone who tries to please whoever his interlocutor might be? Was it a fascinating psychological study or a bit of theater? After so much contradictory evidence, what, if anything, is left of B-1775's testimony to consider? The judges, of course, will have to decide.
*The 'amen chorus or corner' is a section in some African American churches where the choir or parishioners sing out an 'amen' (it is so) response to a litany of 'truths' called out by the preacher.