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Primary Allegiance. Serious legal problems also confront the Army in its case against Lieut. Calley and Sgt. Mitchell, the only active servicemen thus far accused of crimes at My Lai. For one thing, Army lawyers fear that detailed press interviews with potential witnesses may permit the accused to claim that they cannot get a fair trial. Almost surely, moreover, both Calley and Mitchell will argue at their trials that they acted under "superior orders," a legal defense that gained respectability in the 19th century when military officers extolled iron regimentation and insisted that superiors could do no wrong...

Author: /time Magazine | Title: Nation: THE LEGAL DILEMMAS | 12/5/1969 | See Source »

Disputed Orders. One problem for both sides in the My Lai case is to clarify and pinpoint the source of the orders that Calley and Mitchell will claim they obeyed. No one has yet produced records specifying Charlie Company's mission on March 16, 1968. What Calley's orders were that day may not be known until his lawyers present his case in court and others corroborate or contradict his claims. One of the contradictors might well be Captain Ernest Medina, the company commander, who has not been charged and thus may testify for the prosecution that...

Author: /time Magazine | Title: Nation: THE LEGAL DILEMMAS | 12/5/1969 | See Source »

...Gallagher, who concedes that A.P. was "derelict" in not following up the story itself, the news service did not receive "a single call from an individual paper or from broadcasters" requesting additional information. And so one of the biggest stories of the Viet Nam War -the massacre at My Lai-remained dormant for another two months...

Author: /time Magazine | Title: The Press: Miscue on the Massacre | 12/5/1969 | See Source »

...Wallace, for which D.N.S. received $10,000 and Meadlo got traveling expenses. For yet another story this week, again sold by D.N.S., Hersh has talked to a returned soldier who describes the killing of a Vietnamese woman by members of Lieutenant Calley's platoon two days before My Lai...

Author: /time Magazine | Title: The Press: Miscue on the Massacre | 12/5/1969 | See Source »

...daily, the Cleveland Plain Dealer, got lucky. A returned G.I., Ronald L. Haeberle, had been attached to C Company as a combat photographer when it moved into My Lai. When the assignment was over, he turned in the black-and-white film supplied him by the Army but kept some color film he had bought himself. Back in Cleveland after discharge, Haeberle resisted showing them to newspapers until last month. Then he called an old school friend, who was a Plain Dealer reporter. The paper snapped up the photographs, ran them in black and white, and then helped Haeberle sell...

Author: /time Magazine | Title: The Press: Miscue on the Massacre | 12/5/1969 | See Source »

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