My Lai: Now Only Five

Last year it seemed that the Army was casting the widest possible net in bringing charges against those suspected of perpetrating--or later covering up --the My Lai massacre. At one point, 25 men were accused on various counts. Now the score stands at two acquittals of enlisted men, no convictions and just five officers still facing legal proceedings. Last week the Army dropped charges against the highest-ranking officer involved, Major General Samuel Koster, former superintendent of West Point.

Koster was the commander of the Army's Americal Division at the time that one of its companies attacked the village of My Lai. He was described by a top-level investigating team headed by Lieut. General William Peers as helping "either wittingly or unwittingly" to keep information of the "tragedy" from being conveyed to higher authorities.

Honorable Career. But last week the Army said that it had found no evidence to support five of the seven specific allegations against Koster. There was "some evidence" to support the other two: that the commander failed to report the civilian casualties he knew about and that he did not "ensure a proper and thorough initial investigation." Lieut. General Jonathan Seaman, commanding general of the First Army at Fort Meade, Md., decided to drop the case. His reasons were that Koster had had a "long and honorable career," and that there was no evidence of any "intentional abrogation of responsibilities" on his part.

Seaman ruled that Koster had apparently believed information provided by subordinates that only 20 civilians had died in "an unfortunate" combat incident. Actually, there was no resistance from the villagers, and up to 500 of them died in the shooting.

The dismissal of the Koster case was immediately attacked by Robert MacCrate, special counsel to the Peers board, who charged that it has "cut off the orderly progress of inquiry up the chain of command." Charges of covering up the massacre are still pending against Colonel Oran K. Henderson, a brigade commander who served under Koster, and Captain Dennis Johnson, an intelligence officer. Murder charges have been filed against Captain Ernest Medina, commander of Charlie Company, and Captain Eugene M. Kotouc, an intelligence officer. No courts-martial have yet been scheduled for any of them.

The only My Lai trial now under way is that of Lieut. William Calley Jr., a platoon commander in Medina's Company C. His trial has been delayed while he undergoes sanity tests ordered by the presiding judge. A major contention of his defense is that he was only carrying out the orders of his superior officer.

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