The My Lai Trials Begin

A sudden susurrus of shock ran through the Fort Hood, Texas, military courtroom. Defense Attorney Ossie Brown reacted as if someone had pinched his neck. The defendant, burly Staff Sergeant David Mitchell, 30, the first of the 17 soldiers so far charged in connection with the deaths of the My Lai villagers, stared in uncomprehending disbelief. Last week, just six hours and three witnesses into the proceedings, the lanky prosecutor, Captain Michael Swan, rose to say: "Your Honor, the prosecution rests its case."

It appeared to be a premature rest. Though known to have subpoenaed 14 witnesses, seven of whom were on hand, Swan called only three former platoon mates of Mitchell's to the stand. The other witnesses, including two helicopter pilots and an agent who investigated My Lai for the Army, waited in vain to testify. Surrounded by reporters afterward, the 28-year-old prosecutor was peppered with questions. Did he think he had proved his case against Mitchell? "I sure do." Why had he rested his case so suddenly? "I felt it was advantageous to do so." Had he checked with Washington before making his decision? "Negative."

Discrepancies. It may be that Swan acted to save a weak case. His lead-off witness, former Radioman Charles Sledge, was the most damaging to Mitchell. Only Sledge, 23, black and a luggage-factory worker from Sardis, Miss., would say that he "positively" saw Mitchell shoot a group of Vietnamese women, children and old men cowering in a ditch. Sledge said that he recalled seeing Mitchell confer with Lieut. William Calley Jr. at the edge of the ditch before the two opened fire on the villagers from about five or six feet away. "They were falling and screaming," he testified.

Sledge's testimony did not stand up well under cross-examination by Defense Attorney Brown, a wily veteran trial lawyer from Louisiana. Brown brought out several discrepancies between Sledge's courtroom statements and his earlier testimony before Army investigators. Brown read from one transcript quoting Sledge as saying, "I believe it was Sergeant Mitchell firing into the ditch." Now, the defense "attorney told the court-martial, Sledge was saying that he was "positive" it was Mitchell firing. Brown cited an interview with an Army Criminal Investigation Division agent in which Sledge said that Calley had fired two M-16 magazines into the ditch but that he "did not remember about Sergeant Mitchell."

Seven in Reserve. The prosecution's case was hampered by the refusal of Louisiana Representative F. Edward Hebert to release testimony by four key prosecution witnesses who had appeared before his House Armed Services subcommittee investigation of My Lai earlier this year. The judge, Colonel George R. Robinson, ruled that the prosecution could not call witnesses who had testified before the subcommittee on the subject unless their previous testimony had been made available.

Without witnesses to verify Sledge's testimony, Prosecutor Swan may indeed have found it expedient to rest his case quickly. At least, Army lawyers at the Pentagon think so. They point out that the charge against Mitchell is "assault with intent to murder." Says one Army officer: "All Swan has to prove is that Mitchell pulled the trigger and that there were people in the trench, and he's done that already. Why should he go on and confuse the point with fragmentary evidence? Besides, he has those extra seven witnesses in reserve for rebuttal."

Defense Attorney Brown feels otherwise. Scarcely able to conceal his pleasure, Brown told reporters: "I think everybody was caught by surprise. I don't see how they have proved their case beyond a reasonable doubt." The following day Brown collapsed in his motel room and was later taken to a Temple, Texas, hospital. Judge Robinson adjourned the case until Brown's recovery. After the proceedings resume, the defense is expected to call Lieut. Calley as a character witness for Mitchell. His attorney has no intention of permitting Calley to testify to the substance of events at My Lai, since Calley's own trial is due to begin Nov. 16 at Fort Benning, Ga.

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