My Lai Courts Martial(英)

"one military-age male in the entire place". By night, the VC had returned to bury the dead. What few villagers survived and weren't already communists, became communists. Twenty months later army investigators would discover three mass graves containing the bodies of about 500 villagers.

　　II. The cover-up of the My Lai massacre began almost as soon as the killing ended. Official army reports of the operation proclaimed a great victory: 128 enemy dead, only one American casualty (one soldier intentionally shot himself in the foot). The army knew better. Hugh Thompson had filed a complaint, alleging numerous war crimes involving murders of civilians. According to one of Thompson's crew members, "Thompson was so pissed he wanted to turn in his wings". An order issued by Major Calhoun to Captain Medina to return to My Lai to do a body count was countermanded by Major General Samuel Koster, who asked Medina how many civilians has been killed. "Twenty to twenty-eight," was his answer. The next day Colonel Henderson informed Medina that an informal investigation of the My Lai incident was underway—— and most likely gave the Captain "a good ass-chewing" as well. Henderson interviewed a number of GIs, then pronounced himself "satisfied" by their answers. No attempt was made to interview surviving Vietnamese. In late April, Henderson submitted a written report indicating that about twenty civilians had been inadvertently killed in My Lai. Meanwhile, Michael Bernhart, a Charlie Company GI severely troubled by what he witnessed at My Lai discussed with other GIs his plan to write a letter about the incident to his congressman. Medina, after learning of Bernhart's intentions, confronted him and told him how unwise such an action, in his opinion, would be.

　　If not for the determined efforts of a twenty-two-year-old ex-GI from Phoenix, Ronald Ridenhour, what happened on March 16, 1968 at My Lai 4 may never have come to the attention of the American people. Ridenhour served in a reconnaissance unit in Duc Pho, where he heard five eyewitness accounts of the My Lai massacre. He

began his own investigation, traveling to Americal headquarters to confirm that Charlie Company had in fact been in My Lai on the date reported by his witnesses. Ridenhour was shocked by what he learned [RIDENHOUR'S STORY]. When he was discharged in December, 1968, Ridenhour said "I wanted to get those people. I wanted to reveal what they did. My God, when I first came home, I would tell my friends about this and cry-literally cry." In March, 1969, Ridenhour composed a letter detailing what he had heard about the My Lai massacre[LINK TO LETTER]and sent it to President Nixon, the Pentagon, the State Department, the Joint Chiefs of Staff, and numerous members of Congress. Most recipients simply ignored the letter, but a few, most notably Representative Morris Udall, aggressively pushed for a full investigation of Ridenhour's allegations.

　　By late April, General Westmoreland, Army Chief of Staff, had turned the case over to the Inspector General for investigation. Over the next few months, dozens of witnesses were interviewed. It became apparent to all connected with the investigation that war crimes had been committed. In June, 1969, William Calley was flown back from Viet Nam to appear in a line-up for identification by Hugh Thompson. By August, the matter was in the hands of the army's Criminal Investigation Division for a determination as to whether criminal charges should be filed against Calley and other massacre participants. On September 5, formal charges, included six specifications of premeditated murder, were filed against Calley.

　　Calley hired as his attorney George Latimer, a Salt Lake City lawyer with considerable military experience, having served on the Military Court of Appeals. Latimer pronounced himself impressed with Calley. "You couldn't find a nicer boy," he said, adding that if Calley was guilty of anything it was only following orders "a bit too diligently."

　　Meanwhile, the issue of the My Lai massacre had gotten the attention of President Nixon. Secretary of Defense Melvin Laird briefed Nixon at his San Clemente retreat. The White House proceeded with caution, sensing the potential of the incident to embarrass the military and undermine the war effort. The President characterized what happened at My Lai as an unfortunate aberration, as "an isolated incident."

　　In November, 1969, the American public began to learn the details of what happened at My Lai 4. The massacre was the cover story in both Time and Newsweek. CBS ran a Mike Wallace interview with Paul Meadlo. Seymour Hersh published in depth accounts based on his own extensive interviews. Life magazine published Haeberle's graphic photographs.

　　Reaction to the reports of the massacre varied. Some politicians, such as House Armed Services Subcommittee Chair L. Mendel Rivers maintained that there was no massacre and that reports to the contrary were merely attempts to build opposition to the Viet Nam war. Others called for an open, independent inquiry. The Administration took a middle course, deciding on a closed-door investigation by the Pentagon, headed by William Peers, a blunt three-star general.

　　For four months the Peers Panel interviewed 398 witnesses, ranging from General Koster to the GIs of Charlie Company. Over 20,000 pages of testimony were taken. The Peers Report criticized the actions of both officers and enlisted men. The report recommended action against dozens of men for rape, murder, or participation in the cover-up.

　　III. The Army's Criminal Investigation Division continued its separate investigation. Most of the enlisted men who committed war crimes were no longer members of the military, and thus immune from prosecution by court-martial. A 1955 Supreme Court decision, Toth vs Quarles, held that military courts cannot try former members of the armed services "no matter how intimate the connection between the offense and the concerns of military discipline." Decisions were

made to prosecute a total of twenty-five officers and enlisted men, including General Koster, Colonel Oran Henderson, Captain Medina. In the end, however, only few would be tried and only one, William Calley, would be found guilty. The top officer charged, General Samuel Koster, who failed to report known civilian casualties and conducted a clearly inadequate investigation was, according to General Peers, the beneficiary of a whitewash, having charges against him dropped and receiving only a letter of censure and reduction in rank. Colonel Henderson was found not guilty on all charges after a trial by court martial. Peers again expressed his disapproval, writing "I cannot agree with the verdict. If his actions are judged as acceptable standards for an officer in his position, the Army is indeed in deep trouble."

　　Captain Ernest Medina faced charges of murdering 102 Vienamese civilians. The charges were based on the prosecution's theory of command responsibility: Medina, as the officer in charge of Charlie Company should be accountable for the actions of his men. If Medina knew that a massacre was taking place and did nothing to stop it, he should be found guilty of murder. (Medina was originally charged also with dereliction of duty for participating in the coverup, but the offense was dropped because the statute of limitations had run.) Medina was subjected to a lie-detector test which tended to show he responded truthfully when he said that he did not intentionally suggest to his men that they kill unarmed civilians. The same test, however, tended to to show that his contention that he first heard of the killing of unarmed civilians about 10 to 10:30 A.M. was not truthful, and that he in fact knew non-combattants were being killed sometime between 8 A.M. and 9 A.M., when there would still have been time to prevent many civilian deaths. The prosecution, led by Major William Eckhardt, was unable, however, to get the damaging lie-detector evidence admitted. Medina's lawyer, flamboyant defense attorney F. Lee Bailey, conducted a highly successful defense, forcing the prosecution to drop key witnesses and keeping damaging evidence, such as Ronald Haeberle's photographs, from the jury. After fifty-seven minutes of deliberation, the jury acquitted Medina on all charges. (Months later, when a perjury prosecution was no longer possible, Medina admitted that he had suppressed evidence and lied to the brigade commander about the number of civilians killed.)

　　The strongest government case was that against Lt. William Calley. On November 12, 1970, in a small courthouse in Fort Benning, Georgia, young Prosecutor Aubrey Daniel stood to deliver his opening statement: "I want you to know My Lai 4. I will try to put you there." Captain Daniel told the jury of six military officers the shocking story of Calley's role in My Lai's tragedy: his machine-gunning of people in the plaza area south of the hamlet; his orders to men to execute men, women, and children in the eastern drainage ditch; his butt-stroking with his rifle of an old man; his grabbing of a small child and his throwing of the child into the ditch, then shooting him at point-blank range. Daniel told the jury that at the close of evidence he would ask them to "in the name of justice" convict the accused of all charges.

　　Daniel built the prosecution's case methodically. For days, the grisly evidence accumulated without a single witness directly placing Calley at the scene of a shooting. One of the early witnesses was Ronald Haeberle, the army photographer whose pictures brought home the horror of My Lai [TESTIMONY OF HAEBERLE]. Another was Hugh Thompson, My Lai's hero. Defense attorney Latimer's handling on cross of Haeberle, Thompson, and other witnesses led

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