Calley Trial Date Set

Press, Volume CIX, Issue 32222, 14 February 1970, Page 11

Calley Trial Date Set

(N.Z. Press Association—Copyright)

FORT BENNING, February 13. All the principal defence submissions for a dismissal of the charge have been overruled, and the court-martial of Lieutenant William Calley, aged 26, the United States Army officer accused of the premeditated murder of 102 Vietnamese civilians at My Lai in March, 1968, has been tentatively set for Mav 18.

At the end of the pretrial hearing of the submissions yesterday, Lieu-tenant-Colonel Reid Kennedy declared: “I find that, although the publicity about this case has been extensive, it has had no influence on the ability of this Court to conduct a fair trial.” Colonel Kennedy announced, however, that he was withholding judgment, for the present, on a defence allegation that members of, the military court panel had) not insulated themselves from: publicity, and had thus been influenced; he added that he would allow arguments on May 15 on that part of the defence's submissions. After that matter had been disposed of, the military jury would be empanelled on May 18, and an examination made to determine whether they had been influenced, Colonel Kennedy said. Earlier, Calley’s leading

counsel (Mr George Latimer)' had submitted that no-one in America could judge his case, without being affected by news media coverage. “Any man who can read, see or) hear cannot escape it,” he( said. Mr Latimer had argued' that, because of the publicity, the burden had been placed) on Calley to prove that he was innocent. “This is a situation where 1 think publicity is) the broadest and most detri-! mental as far as the accused is concerned, and you have to go back to the Nuremberg trials to find a parallel,” counsel said. White House Quoted He quoted a White House statement on November 26, 1969, saying: “The alleged massacre is abhorrent to the conscience of all the American people.” The White House press secretary (Mr Ronald Ziegler) had made it clear then that he spoke for President Nixon and for the entire Administration. Mr Latimer said.

Mr Latimer emphasised, too, that high-ranking Defence Department lawyers had been quoted as saying, “There is no defence.” and he also referred to reports that soldiers and former soldiers had been offered payment for interviews.

“I have no objection to the news media being given information." Mr Latimer said, “but we should not be permitted to try the man who is Exhibit A in the case. He might as well be tried in a stadium."