My Lai Courts Martial(英)

many courtroom observers to conclude that his glowing reputation was undeserved. His questioning of Haeberle, whose credibility was largely irrelevant, was pointless. His attempt to question Thompson'

s heroism "failed utterly," according to Richard Hammer, author of The Court-Martial of Lt. Calley.

　　In the second week of the trial Daniel began to call his more incriminating witnesses. Robert Maples, a machine gunner in the first platoon, testified that he saw Calley near the eastern drainage ditch, firing at the people below. Maples said that Calley asked him to use his machine gun on the Vietnamese in the ditch, but that he refused [TESTIMONY OF MAPLES]. Dennis Conti provided equally damning evidence. Conti testified that he was ordered to round up people, mostly women and children, and bring them back to Calley on the trail south of the hamlet. Calley, Conti said, told us to make them "squat down and bunch up so they couldn't get up and run." Minutes later Calley and Paul Meadlo "fired directly into the people. There were burst and shots for two minutes. The people screamed and yelled and fell." Conti said that Meadlo "broke down" and began crying [TESTIMONY OF CONTI].

　　The prosecution's final witness was its most anticipated witness. Paul Meadlo had been promised immunity from military prosecution in return for his testimony in the Calley case, but when he was called earlier in the trial, Meadlo had refused to answer questions about March 16, 1968, claiming his fifth amendment right not to incriminate himself. Daniel called Meadlo to the stand for a second time, and the ex-GI, who had lost a foot to a mine shortly after the massacre, limped to the stand in his green short-sleeve shirt and green pants. Judge Kennedy warned Meadlo that if he refused to answer questions, two U. S. marshals would take him into custody. Meadlo said he would testify. He told the jury that Calley had left him with a large group of mostly women and children south of the hamlet saying, "You know what to do with them, Meadlo." Meadlo thought Calley meant he should guard the people, which he did. Meadlo told the jury what happened when Calley returned a few minutes later:

　　He said, "How come they're not dead?" I said, I didn't know we were supposed to kill them." He said, I want them dead." He backed off twenty or thirty feet and started shooting into the people —— the Viet Cong —— shooting automatic. He was beside me. He burned four or five magazines. I burned off a few, about three. I helped shoot ‘em.

　　Q: What were the people doing after you shot them?

　　A: They were lying down.

　　Q: Why were they lying down?

　　A: They was mortally wounded.

　　Q: How were you feeling at that time?

　　A: I was mortally upset, scared, because of the briefing we had the day before.

　　Q: Were you crying?

　　A: I imagine I was……

　　Daniel then asked Meadlo about the massacre at the eastern drainage ditch, and in the same almost emotionless voice, Meadlo recounted the story, telling the jury that Calley fired from 250 to 300 bullets into the ditch. One exchange was remarkable:

　　Q: What were the children in the ditch doing?

　　A: I don't know.

　　Q: Were the babies in their mother's arms?

　　A: I guess so.

　　Q: And the babies moved to attack?

　　A: I expected at any moment they were about to make a counterbalance.

　　Q: Had they made any move to attack?

　　A: No.

　　At the end of Meadlo's testimony, Aubrey Daniel rested the for the prosecution[MEADLO'S TESTIMONY].

　　The defense strategy had two main thrusts. One was to suggest that the stress of combat, the fear of being in an area thought to be thick with the enemy, sufficiently impaired Calley's thinking that he should not be found guilty of premeditated murder for his killing of civilians. Latimer relied on New York psychiatrist Albert LaVerne to advance this defense argument [LAVERNE TESTIMONY]. The second argument of the defense was that Calley was merely following orders: that Captain Ernest Medina had ordered that civilians found in My Lai 4 be

killed and was the real villain in the tragedy.

　　On February 23, 1971, William Calley took the stand. He told the jury he couldn't remember a single army class on the Geneva Convention, but that he did know he could be court-martialed for refusing to obey an order. He testified that Medina had said the night before that there would be no civilians in My Lai, only the enemy. He said that while he was in the village, Medina called and asked why he hadn't "wasted" the civilians yet. He admitted to firing into a ditch full of Vietnamese, but claimed that others were already firing into the ditch when he arrived. Calley said, "I felt then——and I still do—— that I acted as directed, I carried out my orders, and I did not feel wrong in doing so" [CALLEY TESTIMONY].

　　Ernest Medina was called as a witness of the court. Medina directly contradicted Calley's testimony. Medina said he was asked at the briefing on March 15 whether "we kill women and children," and—— looking straight at Calley behind the defense table——he said to the GIs "No, you do not kill women and children……Use common sense." At the close of his testimony, Medina saluted Judge Kennedy, then marched past Calley's table without glancing at him [MEDINA TESTIMONY].

　　It was time for summations. George Latimer for the defense argued that Medina was lying about not giving the order to kill civilians, that Medina knew perfectly well what was going on in the village, and now he and the army were trying to make Calley a scapegoat[LATIMER SUMMATION]. Aubrey Daniel for the prosecution asked the jury who will speak for the children of My Lai. He pointed out that Calley as a U. S. officer took an oath not to kill innocent women and children, and told the jury it is "the conscience of the United States Army"[DANIEL SUMMATION].

　　After thirteen days of deliberations, the longest in U. S. court-martial history, the jury returned its verdict: guilty of premeditated murder on all specifications. After hearing pleas on the issue of punishment, jury head Colonel Clifford Ford pronounced Calley's sentence: "To be confined at hard labor for the length of your natural life; to be dismissed from the service; to forfeit all pay and allowances."

　　IV. Opinion polls showed that the public overwhelmingly disapproved of the verdict in the Calley case [OPINION POLLS]. President Nixon ordered Calley removed from the stockade and placed under house arrest. He announced that he would review the whole decision. Nixon's action prompted Aubrey Daniel to write a long and angry letter in which he told the President that "the greatest tragedy of all will be if political expediency dictates the compromise of such a fundamental moral principle as the inherent unlawfulness of the murder of innocent persons" [AUBREY LETTER]. On November 9, 1974, the Secretary of the Army announced that William Calley would be paroled. In 1976, Calley married. He now works in the jewelry store of his father-in-law in Columbus, Georgia.

　　My Lai mattered. Two weeks after the Calley verdict was announced, the Harris Poll reported for the first time that a majority of Americans opposed the war in Viet Nam. The My Lai episode caused the military to re-evaluate its training with respect to the handling of noncombatants. Commanders sent troops in the Desert Storm operation into battle with the words, "No My Lais—— you hear?

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