CALLEY’S COUNSEL CONFIDENT

Press, Volume CIX, Issue 32219, 11 February 1970, Page 13

CALLEY’S COUNSEL CONFIDENT

(N.Z.P.A.-Reuter —Copyright >

FORT BENNING (Georgia), February 10.

Counsel for Lieutenant William Calley, aged 26, the United States Army officer charged with the premeditated murder of 102 South Vietnamese civilians in the village of My Lai, said today that he was confident of winning a verdict of not guilty.

Mr George Latimer, who told reporters that he had proved that news coverage of the case was detrimental to Calley, is submitting at a pre-trial hearing that the charges against Calley should be dismissed on three grounds, one of them, that world-wide publicity had made it impossible for him to receive a fair trial.

To make his point, Mr Latimer showed television news films for two hours and 20 minutes at the hearing yesterday. Mr Latimer discounted news stories that seemed sympathetic towards Calley because, he said, “there was no evidence on television that Calley didn’t shoot. All the testimony is that he shot. Nothing says he didn't shoot.” At least three Fort Benning officers who took part in the investigation that resulted

in the ordering of a courtmartial are due to testify today on whether they were prejudiced against Calley because of pressure from their superior officers.

{ The defence is also seeking dismissal of the charges on I the ground that the invest! gating officers were influenced by high-ranking superiors in Washington including the Secretary of Defence (Mr Melvin Laird), the Secretary of the Army (Mr Stanley Resor) and the Army Chief of Staff (Genera) Westmoreland) Counsel for the defence has submitted that the officers making up the court-martial appointed to try Lieutenant Calley, who could have the death penalty imposed on him if he is convicted, must be prejudiced for the same reason.

Mr Latimer has asked for Mr Laird, Mr Resor and General Westmoreland to give evidence on subpoena, but the military judge concerned with the case, Lieutenant-Colonel Reid Kennedy, has yet to decide whether to grant this request.

Two generals and a colonel yesterday denied defence allegations that they acted under pressure from their superiors to bring Calley to trial.

One of them, Major-General Orwin Talbott, the Fort Benning commanding officer who ordered the court-martial, testified: “My decision was based solely on my judgment, the law and my investigation ”

Mr Latimer has also submitted that the charges should be dismissed on the ground that Calley was accused on September 5, one day before he was due to be released from the Army; that he is being held in the service illegally; and that the trial should, if at all, be held in a civilian court.

The Army says that under its regulations it can keep Calley in the service until after the charges against him are decided, which could take several months.

A court-martial is expected to begin late in the spring and, if Calley is convicted, there are several appeals he can make.