6JAN71

frisco-kid · #1 01-07-2005, 06:44 PM

Army drops charges of My Lai cover-up

The Army drops charges of an alleged cover-up in the My Lai massacre against four officers. After the charges were dropped, a total of 11 people had been cleared of responsibility during the My Lai trials.

The trials were a result of action that occurred in March 1968. During the incident, 1st Lt. William Calley, a platoon leader in the 23rd (Americal) Division, allegedly led his men to massacre innocent Vietnamese civilians, including women and children, in a cluster of hamlets in Son Tinh District in the coastal south of Chu Lai.

By 1971, charges were pending only against Lt. Calley, Capt. Ernest Medina, and Capt. Eugene Kotouc. On March 29, 1971, a Fort Benning court-martial jury found Calley guilty of the premeditated murder of at least 22 South Vietnamese civilians and sentenced him to life in prison. Kotouc was cleared by a court-martial on April 29, and Medina was acquitted on September 22.

On May 19, the Army disciplined two generals for failing to conduct an adequate investigation of My Lai, demoting Maj. Gen. Samuel W. Koster from two-star to one-star rank. At the same time, both Koster and Brig. Gen. George W. Young Jr., his assistant divisional commander at the time of the massacre, were stripped of their Distinguished Service Medals, and letters of censure were placed in their personnel files. The trials ended on December 17, when Col. Oren K. Henderson was acquitted of cover-up charges. He was the highest-ranking officer to be tried.

Of those originally charged, only Calley was convicted. Many believed that Calley was a scapegoat, and the widespread public outcry against his life sentence moved President Nixon to intervene on April 3, 1971. He had Calley removed from the Fort Benning stockade and ordered him confined to quarters pending review of his case. On August 20, Calley's life term was reduced to 20 years. In November 1974, a Federal Court judge ruled that Calley was convicted unjustly, citing "prejudicial publicity." Although the Army disputed this ruling, Calley was paroled for good behavior after serving 40 months, 35 of which were spent in his own home.

In my opinion he got off way too light, and Medina should have been his cellmate.

82Rigger · #2 01-07-2005, 07:22 PM

Frisco,

Were only officers charged with premeditated murder?

Who actually busted caps on the civilians? Was it just these officers?

frisco-kid · #3 01-07-2005, 08:07 PM

I don't recall all of the particulars, but it wasn't just officers pulling triggers. I think it was Calley's platoon that did most [all?] of the killing, him included. I don't think any of the EMs were prosecuted because they testified against the officers and did the ol' "I was only following orders" plea. Plus, this thing dragged out for so long most of them were out of the Army. Calley always contended that he was following Medina's orders. Of course, he denied this and it evidently couldn't be proven otherwise. I believe he gave it his blessing or, minimum, knew about it and didn't stop it. Medina was the company commander. I don't remember who the other captain was that was charged. I also believe that the Army originally tried to cover it up in typical military fashion. The thing that helped blow it open was a photographer having pictures, as I recall.

I was a civilian when all of this took place. I remember the shit hit the fan when it all became public. Alot of VN vets, at first, thought Calley was getting a raw deal and rallied behind him. I did too, until more facts came out. And then I thought he was guilty as sin and desrerved what he got. Of course the anti-war people were all over this. They finally had a true incident of an atrocity being committed and a face to put to it. Gave some validation to what they had been spewing about us for years with no evidence. Took alot of years for VN vets to distance themselves from My Lai, so we didn't get painted with the same brush.

Col. Murph was a company commander in the Americal, I think, at the time. I know he knew both Calley and Medina. I hope he will tell more of the details. Montana Kid and White Oak also served about the time all of this was unraveling. Jump in here, guys.

Andy · #4 01-08-2005, 03:23 PM

I was also out of the service by 1971 when the crap hit the fan. Can remember telling everyone I met that we never shot unarmed people who had their hands up, that Calley and his folks were the total exception to the rule. Also remember lots of people didn't believe me.

I don't think he was charged but way back then there was a Spec-4 who was on TV. He said he was ordered to shoot into the group of civilians and followed orders. It wasn't court TV, a news conference if memory serves. The guy who took the pictures was also at that news conference.

The correct charge, and there is no doubt the lawyers know this, would have been, Conspiracy to commit murder for Cally and Medina and the other officers. Course high profile cases involving killing the enemy(?) never flies well while the war still continues. Anyone ever see the movie "Breaker Moran"?

Stay healthy,
Andy

Yossarian · #5 01-08-2005, 04:08 PM

When I went through Basic in '65, they really drilled it into our heads that we had an affirmative duty to disobey unlawful orders. I really can't imagine how anyone could believe that an order to shoot into an unresisting civilian crowd was legal.

DMZ-LT · #6 01-08-2005, 08:03 PM

When I came back home I had a woman ask me how many babies I had killed. I told her no more than I could eat in a day .

82Rigger · #7 01-08-2005, 08:40 PM

Yossarian's comments bring up another question...

When you were totally "out in the boonies" in Vietnam, you were pretty much away from the protection of any legal system, military or otherwise, were you not? Your officers (and maybe noncoms) were judge, jury and executioner, so to speak.

If such orders had been verbally issued to enlisted men would there have been a fear that failure to obey would result in some sort of retribution while still out there?...an "accident" if you know what I mean.

It seems to me that anyone who would order the things done at My Lai 4 would not hesitate to see that any "problem soldiers" did not make it back home.

I know that even here stateside in '68-'70 some officers and NCOs would make it clear to me that if certain "behavior" on my part was not accomplished, then life would become much more "difficult".

Advisor · #8 01-10-2005, 01:25 PM

Quote:

Originally posted by DMZ-LT When I came back home I had a woman ask me how many babies I had killed. I told her no more than I could eat in a day .

Around 1975 I went for a job interview. The little twerp doing the interviewing saw on my ap that I was a VN vet & asked me how many people I killed. Told him I didn't know but that I did know that there was always room for one more. Little sh*t freaked.

frisco-kid · #9 01-10-2005, 06:10 PM

Hard to second guess this stuff; what goes through another guy's head. Of coarse, anything's possible.

In this instance, these guys had been taking casualties for awhile without getting the chance to really engage Charlie. If this area was anything like what we encountered around Duc Pho, there was beaucoup boobytraps and Charlie did alot of hit and run. These guys were pretty frustrated and pissed I'm guessing. Once the shooting started from the most frustrated and pissed, I don't think it took much for the others to jump in. Mob mentality. I can understand how it could get out of hand real quick, but it's still piss-poor leadership and murder. No way to justify it. Those in charge were ultimately responsible.

82Rigger · #10 01-10-2005, 07:53 PM

Frisco,

Thanks for that last info. I was not aware of the circumstances that the US soldiers of that unit had undergone, and the resulting "frustration factor".

Understandable perhaps, but...you're right... still not acceptable.

I've seen the photos...not just of the bodies, but those taken while the shooting was taking place.

NO WAY could that be justified.

What happened to Medina? Charges dismissed or something?