My Lai courts-martial

Press, Volume CX, Issue 32460, 21 November 1970, Page 17

My Lai courts-martial

(N.Z.P.A.-Reuter—Copyright) FORT BENNING . (Georgia), Nov. 20. Two more witnesses at the court-martial of the United States Army lieutenant, Wiliam Calley, testified yesterday that they saw a group of dead civilians at My Lai, where American soldiers are alleged to have massacred old men, women and children on March 16,1968. Mr John Paul and Mr Gerald Heming, both prosecution witnesses, said that they saw about 12 dead South Vietnamese civilians at My Lai; but Mr Paul said that he did not see Calley there. Calley, who is 27, is charged with murdering 102 South Vietnamese. If convicted by the jury of six Army officers, he faces a possible sentence of death by hanging. Mr Paul, aged 23, and Mr Heming, aged 21, were the fourth and fifth witnesses to testify that they saw dead civilians at My Lai. Mr Paul, who was a radio operator for Captain Ernest Medina, Calley’s commanding officer, said: “The men were of an older age, the women were middle-aged, and I believe there were some children.” Mr Heming, a Negro, said: “I saw women, children and a few old men, all dead.” Mr Paul, like three other former soldiers who testified yesterday, said that he encountered nd enemy fire when he landed by helicopter. He said he saw Medina shoot and kill a woman after exclaiming, “Oh, my God, the son-of-a-bitch has got a grenade.” Mr Paul said that he did not see the grenade. Medina has been charged with over-all responsibility for the alleged massacre, in which the Army says that at least 175 civilians died. The defence has established that the area surrounding My Lai was bombarded by artillery before the troops arrived by helicopters, and Mr Paul said yesterday that machine-gunners aboard the helicopters strafed areas just outside the village. The defence ,has tried to establish that the civilians

could have been killed by shrapnel or ricochets from machine-gun bullets. The hearing is continuing. At Fort Hood, Texas, the staff-sergeant, David Mitchell, who was the first man to be put on trial in connection with the alleged massacre, could know his fate tonight. Mitchell, who faces a maximum of 20 years in prison with hard labour, broke down and wept when he went into the witness-box yesterday, one year and 22 days after being charged with the attempted murder of 30 civilians. He told the court-martial that he and his squad took a group of civilians to a ditch outside My Lai and left them there. Mitchell was asked only one question by his defence counsel (Mr Ossie Brown): whether he shot any Vietnamese near the ditch. “No, sir, Mr Brown, I did not," replied Mitchell. He began weeping as the prosecution began to question

him, but he mopped his face with a handkerchief and quickly regained control of his emotions. Prosecuting counsel (Cap-! tain Michael Swan) and Mr! Brown are due to make final statements to the court this! morning, and the jury is expected to begin its delibera-! tions in the afternoon. If the jury of seven officers I finds him guilty—a two-thirds! majority is required—evidence could be called on mitigating circumstances, and the jury would then recommend a sentence. Both the verdict and the sentence, if any, will be subject to review by the /commanding officer of the Ist Armoured Division at Fort Hood (General William Desobry). The defence yesterday admitted defeat in its call for evidence from Mitchell’s platoon commander at My Lai, Calley, whose lawyers refused to allow him to . testify on Mitchell’s behalf until his own court-martial was over.