Galley ruling: Army to appeal

Press, Volume CXIV, Issue 33650, 27 September 1974, Page 13

Galley ruling: Army to appeal

(New Zealand Press Association—Copyright) COLUMBUS (Georgia), September 26. The United States Army plans to appeal against a civilian court decision quashing the court-martial conviction for murder of a former lieutenant, William Calley, who was involved in the deaths of at least 22 Vietnamese civilians during the massacre at My Lai, South Vietnam.

The Army also intends to request a stay of execution of the order for Calley’s immediate release from the military prison at Fort Leavenworth, Kansas.

Judge Robert Elliott linked his decision to quash the conviction with the Supreme Court ruling dealing with Mr Richard Nixon and the Watergate tapes: while Mr Nixon, he said, was ordered by the High Court to yield Executive privilege and release the tapes as court evidence, Mr Edward Herbert (Democrat, Louisiana), chairman of the House of Representatives Armed Forces Committee that investigated the My Lai massacre. had refused to hand committee-hearing transcripts

to Calley’s defence lawyers, claiming the right of legislative privilege. “The Supreme Court held that the assertion of privilege must yield to the need for evidence in a pending criminal trial, and to the fundamental demands of due process of law in the fair administration of justice,” Judge Elliott wrote in his 132-page decision. “Calley was the victim of unrestrained and uncontrolled pre-trial publicity; he was denied his right to confront unfriendly witnesses; and the charges against him were improperly drawn.” Calley, who is 31, is serving a 10-year prison : term, and will not be Released, pending a decision.