WILLIAM CALLEY COURT-MARTIAL (1971)

COMPREHENSIVE RESEARCH FILE

Case: United States v. First Lieutenant William L. Calley Jr.
Date: November 17, 1970 – March 29, 1971
Location: Fort Benning, Georgia
Charge: Premeditated Murder under Article 118, Uniform Code of Military Justice
Verdict: GUILTY OF PREMEDITATED MURDER OF 22 CIVILIANS


SECTION 1: DEFENDANT PROFILE

1.1 Personal Information

Field Detail
<strong>Full Name</strong> William Laws Calley Jr.
<strong>Nickname</strong> "Rusty"
<strong>Birth</strong> June 8, 1943, Miami, Florida
<strong>Death</strong> April 28, 2024, Gainesville, Florida (hospice center)
<strong>Age at Death</strong> 80 years old
<strong>Height</strong> 5 feet 3 inches

1.2 Family Background

Father: William Laws Calley Sr.

  • United States Navy veteran of World War II
  • Heavy construction equipment salesman
  • Business later went bankrupt

Mother: Name unknown

  • Homemaker
  • Died of cancer in 1966

Siblings:

  • Second of four children
  • Three sisters
  • Only son in family

1.3 Education

  • Florida Military Academy (attended during high school years)
  • Georgia Military Academy (attended during high school years)
  • Miami Edison Senior High School, graduated June 1962
  • Ranked 666th out of 731 students
  • Palm Beach Junior College, enrolled fall 1962
  • Dropped out after one semester (1963)
  • Failed majority of classes
  • Grades consisted of one C, two Ds, and one F

1.4 Pre-Military Employment

After dropping out of college (1963-1966), Calley held various jobs:

  • Bellhop
  • Dishwasher
  • Restaurant worker
  • Railroad switchman
  • Insurance appraiser
  • Train conductor
  • Salesman

Note: Initially attempted to enlist in Army in 1964 but was rejected due to a hearing defect.

1.5 Marriage and Family

Marriage:

  • Wife: Martha Penelope “Penny” Vick
  • Married: May 15, 1976, in Columbus, Georgia
  • Wife’s family: Owned V.V. Vick Jeweler in Cross Country Plaza mall
  • Children: One son, Laws Calley
  • Divorced: Approximately 2006
  • Calley had been diagnosed with prostate cancer and gastrointestinal problems
  • Working ability reduced to “zero”

1.6 Post-Military Life

Residence and Career:

  • Moved to Columbus, Georgia after release (1974)
  • Briefly worked selling insurance
  • Worked as manager and salesman at V.V. Vick Jeweler (1976-2004)
  • Known to employees by nickname “Rusty” to maintain anonymity
  • Received gemology training
  • Earned real estate license in 1980 despite criminal record

Later Years:

  • After divorce, moved to live with son in Atlanta
  • Relocated to Gainesville, Florida in late 2010s
  • Avoided public attention for nearly 40 years

Public Apology (August 20, 2009):

  • Location: Kiwanis Club of Greater Columbus, Georgia
  • First public statement about My Lai since trial
  • Statement: “There is not a day that goes by that I do not feel remorse for what happened that day in My Lai. I feel remorse for the Vietnamese who were killed, for their families, for the American soldiers involved and their families. I am very sorry.”

Death:

  • Death went publicly unnoticed for three months
  • Discovered through public records in July 2024
  • Death certificate reportedly marked “No” to question about armed forces service

SECTION 2: MILITARY CAREER

2.1 Enlistment and Training

Enlistment:

  • Date: July 26, 1966 (some sources: July 5, 1966)
  • Age: 23
  • Reason: Vietnam War escalation created need for more soldiers; selection standards relaxed

Basic Combat Training:

  • Location: Fort Bliss, Texas
  • Duration: 8 weeks

Advanced Individual Training:

  • Location: Fort Lewis, Washington
  • Duration: 8 weeks
  • Specialty: Company clerk (clerk-typist)

Officer Candidate School (OCS):

  • Location: Fort Benning, Georgia (“Fort Benning School for Boys”)
  • Start: Mid-March 1967
  • Duration: 26 weeks
  • Class: OCS Class No. 51
  • Graduation: September 7, 1967
  • Class Rank: 120th out of 156
  • Commission: Second Lieutenant, Infantry

2.2 Unit Assignment

Field Detail
<strong>Platoon</strong> 1st Platoon
<strong>Company</strong> Company C ("Charlie Company")
<strong>Battalion</strong> 1st Battalion, 20th Infantry Regiment
<strong>Brigade</strong> 11th Infantry Brigade
<strong>Division</strong> 23rd Infantry Division ("Americal Division")
<strong>Commanding Officer</strong> Captain Ernest L. Medina

Pre-Deployment Training:

  • Location: Schofield Barracks, Hawaii
  • Purpose: Preparation for deployment to South Vietnam

2.3 Vietnam Service

Arrival in Vietnam:

  • Date: December 1, 1967
  • Province: Quang Ngai, South Vietnam
  • Base: Established January 1968

Performance Evaluations:

  • Official evaluations: “Average”
  • Informal assessments by platoon members:
  • “Lacked common sense”
  • “Could not read a map or use a compass properly”
  • “Kid trying to play war”
  • “Glory-hungry person”
  • “Nervous, excitable type who yelled a lot”
  • “Incompetent”
  • “Something about him that rubbed people the wrong way”
  • Captain Medina reportedly addressed him as “Lieutenant Shithead”
  • Some soldiers allegedly placed a bounty on his head

Notable Incidents:

  • May/June 1969: Physical confrontation with five U.S. Marines near Chu Lai Base Area
  • Fight involved two other Americal Division lieutenants
  • Ended when one Army officer fired pistol into air
  • Calley was “merely beaten up”
  • Marines pleaded guilty at special courts-martial

2.4 Awards and Decorations

  • Bronze Star with Oak Leaf Cluster
  • Purple Heart

SECTION 3: THE MY LAI MASSACRE (March 16, 1968)

3.1 Background and Intelligence

Task Force Barker:

  • Commander: Lieutenant Colonel Frank A. Barker Jr.
  • Formed: January 1968
  • Composition: Three rifle companies (A, B, C) of 11th Brigade
  • Mission: Pressure Viet Cong in “Pinkville” area

Target:

  • Village: Sơn Mỹ (Son My)
  • Hamlet: My Lai 4 (designated by U.S. military)
  • Location: Quang Ngai Province, northeastern coast of South Vietnam
  • Approximately 7 miles northeast of Quang Ngai city
  • Nickname: “Pinkville” (due to reddish-pink color on military maps indicating dense population)

Intelligence Assessment:

  • 48th Viet Cong Local Force Battalion reportedly hiding in area
  • Intelligence indicated unit would be opposed by veteran enemy battalion
  • Expected enemy-to-friendly ratio: 2:1
  • Prediction: Heavy resistance expected
  • Assessment: All civilians would be absent (at market by time of assault)

Note: Intelligence was faulty; 48th Battalion had been regrouping in mountains miles away.

3.2 Pre-Operation Briefing (March 15, 1968)

Location: Company C briefing area

Briefing Officer: Captain Ernest L. Medina

Memorial Service: Held for Sergeant George Cox (killed by booby trap March 14) and other company members killed in preceding weeks

Briefing Content (disputed):

  • Medina’s version: Instructed to destroy My Lai 4 by “burning the hootches, to kill the livestock, to close the wells and to destroy the food crops”; denied ordering civilian killings
  • Calley’s version: Made clear everyone in village was to be shot; “all were Viet Cong”
  • 21 Charlie Company members corroborated Calley’s account
  • Other members denied such orders were given
  • Some testified intent of order was plain, while unstated

3.3 Operation Timeline (March 16, 1968)

Pre-Assault:

  • Early morning artillery and helicopter gunship barrage
  • Landing zone prepared approximately 140 yards south of My Lai

07:22: Nine helicopters lift off for flight to My Lai 4

07:30: Charlie Company lands in rice paddy

  • First Platoon (Calley) assigned to sweep into village from south
  • Second Platoon (Lieutenant Stephen Brooks) to sweep through north
  • Third Platoon (Lieutenant Larry LaCroix) held in reserve
  • Captain Medina and headquarters unit following

07:35: First Vietnamese civilian killed

08:00-08:40: Main massacre period

  • No enemy fire received
  • No Viet Cong combatants found
  • Village occupied by women, children, and elderly men

08:40: My Lai 4 in ruins

Approximately 09:00: Hugh Thompson observes massacre from helicopter

09:00-11:00: Continued killing; Thompson intervention

11:00: Thompson returns to base, reports massacre

Cease-fire order issued by Captain Medina after Barker radioed inquiry

3.4 Methods and Atrocities

Weapons Used:

  • M-16 automatic rifles
  • M-60 machine guns
  • M-79 grenade launchers
  • Hand grenades
  • Bayonets

Atrocities Documented:

  • Villagers gathered and herded to collection points
  • Groups taken to trail intersection and irrigation ditch
  • Mass executions by automatic weapons fire
  • Women and girls raped (some as young as 12)
  • Bodies mutilated
  • Infants and children bayoneted
  • Elderly monk beaten with rifle butt and shot
  • Child thrown into ditch and shot
  • 246 homes burned (“Zippo squads” using cigarette lighters)
  • Livestock killed
  • Wells poisoned
  • Bodies dumped down wells

3.5 Specific Incidents Attributed to Calley

Trail Intersection (South Side of Village):

  • Approximately 30-40 civilians gathered by Meadlo and Conti
  • Calley ordered: “You know what to do with ’em” (or similar)
  • Returned 10-15 minutes later: “How come they’re not dead?”
  • Ordered: “I want them dead” / “Waste them”
  • Calley and Meadlo opened fire on full automatic
  • Meadlo broke down crying during shooting
  • Calley finished off survivors with single shots

Irrigation Ditch (East Side of Village):

  • 70-80 civilians brought to ditch
  • Ordered soldiers to push people into ditch
  • Ordered soldiers to fire into ditch
  • Some soldiers refused (James Dursi, Robert Maples)
  • Calley and Meadlo, Sergeant David Mitchell fired into ditch
  • Calley admitted firing with muzzle within 5 feet of victims
  • Expended 10-15 magazines of ammunition

Elderly Monk:

  • Interrogated by Calley
  • Struck with rifle butt
  • Shot in head

Child at Ditch:

  • Two-year-old child survived initial gunfire
  • Ran toward hamlet
  • Calley grabbed child, threw back in ditch
  • Shot the child

3.6 Casualty Figures

Source Estimated Dead
U.S. Army Criminal Investigation Division 347
Vietnamese Government Memorial 504
Son My Village Chief Report 400+ (My Lai) + 90 (My Khe)

Victim Demographics (Vietnamese Memorial):

  • 504 total victims from 247 families
  • 24 families lost everyone (three generations, no survivors)
  • 60 elderly men
  • 282 women (17 pregnant)
  • 173 children (53 infants)
  • Age range: 1 to 82 years

American Casualties:

  • One soldier wounded (accidental discharge of own weapon)

3.7 Hugh Thompson Intervention

Helicopter Crew:

Name Rank Position
Hugh Thompson Jr. Warrant Officer One Pilot
Glenn Andreotta Specialist Four Crew Chief
Lawrence Colburn Specialist Four Door Gunner

Aircraft: Hiller OH-23 Raven observation helicopter

Actions:

  1. Observed bodies throughout village during reconnaissance
  2. Marked wounded Vietnamese with green smoke (standard call for aid)
  3. Returned to find marked individuals dead
  4. Witnessed Captain Medina approach wounded woman, prod her with foot, then shoot her
  5. Observed irrigation ditch filled with bodies
  6. Saw Sergeant David Mitchell executing people in ditch
  7. Spotted group of 10 civilians (including children) fleeing toward bunker
  8. Observed 2nd Platoon soldiers pursuing civilians

Confrontation:

  • Thompson landed helicopter between American soldiers and Vietnamese civilians
  • Ordered Colburn and Andreotta: “If these bastards open up on me or these people, you open up on them”
  • Confronted 2nd Platoon leader Lieutenant Stephen Brooks
  • Confronted Lieutenant Calley
  • Calley allegedly threatened Thompson with hand grenade

Rescue:

  • Coaxed 11 Vietnamese out of bunker
  • Persuaded UH-1 Huey gunship pilots to evacuate civilians
  • Andreotta spotted movement in ditch, extracted live boy (Do Ba) from among approximately 100 bodies
  • Flew survivors to ARVN hospital in Quang Ngai

Aftermath:

  • Thompson reported massacre to superiors upon return (approximately 11:00)
  • Report led to cease-fire order
  • Awarded Distinguished Flying Cross (Thompson threw away citation because it falsified events)
  • 1998: Thompson, Colburn, and Andreotta (posthumously) awarded Soldier’s Medal

Glenn Andreotta: Killed in action April 8, 1968 (three weeks after massacre)


SECTION 4: COVER-UP AND EXPOSURE

4.1 Initial Cover-Up

March 16, 1968:

  • Initial reports claimed “128 Viet Cong and 22 civilians” killed in “fierce firefight”
  • General William C. Westmoreland congratulated unit on “outstanding job”
  • Stars and Stripes: “U.S. infantrymen had killed 128 Communists in a bloody day-long battle”

March 27, 1968: Letter of Commendation issued to Captain Medina

March 28, 1968: Lieutenant Colonel Barker submitted combat action report

  • Described operation as “successful”
  • Claimed 128 VC combatants killed

April 8, 1968: Task Force Barker mission declared success; companies disbanded

Investigation by Colonel Oran Henderson:

  • Interviewed several GIs
  • Pronounced himself “satisfied”
  • No attempt to interview Vietnamese survivors
  • Late April: Submitted report indicating approximately 20 civilians “inadvertently killed”

June 13, 1968: Colonel Barker and Captain Earl Michles killed in mid-air collision (before investigation)

4.2 Ronald Ridenhour’s Investigation

Background:

  • Door gunner, 11th Infantry Brigade
  • Stationed 30 miles south of My Lai
  • Did not witness massacre
  • Heard accounts from friends in Charlie Company

Investigation (April 1968 – March 1969):

  • Conducted informal investigation while still in Vietnam
  • Tracked down and interviewed witnesses including:
  • Larry LaCroix (specifically mentioned Calley’s involvement)
  • Michael Bernhardt (refused to participate in massacre)
  • Discharged from Army: December 1, 1968
  • Continued gathering information in Phoenix, Arizona

The Letter (March 29, 1969):

  • Length: Approximately 2,000 words
  • Opening: “Gentlemen, It was in late April, 1968 that I first heard of ‘Pinkville’ and what allegedly happened there.”
  • Described: “something very black indeed”
  • Sent to 30 prominent individuals including:
  • President Richard Nixon
  • Secretary of Defense Melvin R. Laird
  • Secretary of State
  • Joint Chiefs of Staff
  • Congressman Morris “Mo” Udall
  • Senator Edward Kennedy
  • Senator Barry Goldwater
  • Senator Eugene McCarthy
  • Senator William Fulbright

Response: Most recipients ignored the letter

4.3 Army Investigation

April 1969: Army Inspector General’s Office begins investigation

Colonel William V. Wilson:

  • Assigned to determine if Ridenhour’s claims had merit
  • WWII Green Beret and Purple Heart recipient
  • Began interviews end of April 1969
  • May 2: Interviewed Larry LaCroix (first to corroborate Ridenhour)

June 13, 1969: Thompson presented lineup; identified Calley as officer he confronted

September 5, 1969: Calley charged with six specifications of premeditated murder

  • Charged with deaths of 109 South Vietnamese civilians
  • Charges not released to press

September 9, 1969: NBC Huntley-Brinkley Report airs segment on civilian killings

4.4 Seymour Hersh Exposé

October 22, 1969: Hersh receives tip from Geoffrey Cowan (Village Voice columnist)

Investigation:

  • Contacted Pentagon; found AP story identifying Calley
  • Located Calley’s lawyer George Latimer in Salt Lake City
  • Latimer showed document revealing charges for killing 109 people

November 11, 1969: Hersh interviews Calley at Fort Benning

November 12, 1969: Story offered to Life and Look magazines; both declined

November 13, 1969: Story published through Dispatch News Service

  • Appeared in 35 newspapers
  • Alabama Journal and New York Times ran separate stories (November 12-13)

November 20, 1969: Cleveland Plain Dealer publishes Ronald Haeberle’s photographs

December 5, 1969: Life magazine publishes Haeberle photographs; galvanizes anti-war movement

1970: Hersh wins Pulitzer Prize for International Reporting

4.5 Peers Commission

Established: November 26, 1969

Commander: Lieutenant General William R. Peers

Purpose: Investigate cover-up at every command level

Scope:

  • Conducted 399 interviews
  • Compiled 20,000+ pages of testimony
  • Constrained by two-year statute of limitations

Final Report (March 14, 1970):

  • Concluded: “At every command level from company to division, actions were taken or omitted which together effectively concealed from higher headquarters the events which transpired”
  • 30 individuals cited for failure to report or investigate
  • Criminal Investigation Division census: 347 confirmed civilian deaths
  • First Platoon (Calley) responsible for 90-130 murders (approximately one-third)

SECTION 5: THE COURT-MARTIAL

5.1 Pre-Trial Proceedings

Article 32 Hearing: December 1969

Charges Filed: September 5, 1969

  • Six specifications of premeditated murder
  • Deaths of 109 South Vietnamese civilians
  • Under Article 118, Uniform Code of Military Justice

Charges Characterized: Capital offense (death penalty possible)

5.2 Prosecution Team

Role Name Rank
Chief Prosecutor Aubrey M. Daniel III Captain
Co-Prosecutor John Partin Captain

Captain Aubrey M. Daniel III:

  • Lead military prosecutor
  • Later wrote letter to President Nixon criticizing presidential intervention
  • Called Nixon’s actions “degrading” and “defiling” to military justice system

5.3 Defense Team

Role Name Notes
Chief Defense Counsel George W. Latimer Civilian attorney, Salt Lake City
Defense Counsel Brookes S. Doyle Jr. Military attorney
Defense Counsel Richard B. Kay Military attorney
Defense Counsel Kenneth A. Raby Military attorney

George W. Latimer:

  • Born: November 28, 1900, Draper, Utah
  • Died: May 3, 1990
  • Utah Supreme Court Justice (1946-1951)
  • U.S. Court of Military Appeals Judge (1951-1961, original member)
  • Retained by Calley for $6,000 (Calley’s life savings)
  • Age at trial: 70 years old
  • Described as “past his prime,” hard of hearing
  • Questions described as “rambling and hard to follow”
  • WWII Pacific Theater veteran (staff of General Douglas MacArthur)
  • Rank: Brigadier General (Utah National Guard)

5.4 Judge

Name: Colonel Reid W. Kennedy

Role: Military Judge presiding over court-martial

5.5 Court Members (Jury)

Composition: Six Army officers

Vietnam Experience: Five of six had served in Vietnam

All had combat experience

Function: Served as both judge and jury (standard military court-martial)

5.6 Trial Proceedings

Start Date: November 17, 1970 (some sources: November 12)

Location: Fort Benning, Georgia

Duration: Approximately 4 months

Description: Longest court-martial in U.S. military history to that date

5.7 Prosecution Case

Strategy:

  • Prove Calley ordered and personally participated in deliberate murder of unarmed civilians
  • Establish no enemy resistance was encountered
  • Show violations of U.S. Military Rules of Engagement

Challenges:

  • Reluctance of soldiers to testify against fellow soldier
  • Some witnesses invoked Fifth Amendment
  • Nearly 33 months had passed since massacre

Witnesses Called: Over 100

Key Prosecution Witnesses:

Witness Role Key Testimony
Paul David Meadlo PFC, 1st Platoon Described Calley ordering shootings; participated in killings
Dennis Conti PFC, 1st Platoon Corroborated Meadlo; described executions in detail
Robert Maples Machine Gunner Calley asked to use his machine gun; Maples refused
Ronald Haeberle Army Photographer Provided photographs of massacre
Charles Hall Assistant Gunner Described bodies with "blood coming out of all parts"
James Dursi PFC, 1st Platoon Refused Calley's order to shoot

Paul Meadlo Testimony:

  • Initially refused to testify; held in contempt by Judge Kennedy
  • Granted immunity from prosecution
  • Described guarding 30-40 villagers
  • Calley arrived: “You know what to do with ’em”
  • Assumed meant to guard them
  • Calley returned 10-15 minutes later: “How come they’re not dead?”
  • “I didn’t know we were supposed to kill them”
  • Calley: “I want them dead”
  • Calley “backed off twenty or thirty feet and started shooting into the people”
  • Meadlo joined in shooting
  • Broke down crying during killings
  • Attempted to give rifle to Conti

Dennis Conti Testimony:

  • Described gathering villagers at Calley’s direction
  • “Calley told me and Meadlo to take the people off and push them in a rice paddy”
  • Described shootings: “There were bursts and single shots for two minutes”
  • “Lots of heads was shot off, pieces of heads and pieces of flesh flew off the sides and arms”
  • Refused to participate: “If they’re going to be killed, I’m not going to do it. Let Lieutenant Calley do it”
  • “Some kids were still standing and Calley finished them off with single shots”

5.8 Defense Case

Initial Defense: Deaths caused by helicopter or aerial bombardment

  • Disproven by prosecution witnesses

Primary Defense: Following orders of superior officer (Captain Medina)

Alternative Arguments:

  • Diminished capacity/low intelligence
  • Calley should not have been made infantry officer
  • Commissioned only due to manpower shortages
  • Portrayed as victim of poorly planned war
  • Marijuana use affecting judgment

Calley’s Testimony:

  • Claimed Medina made clear everyone in village was to be shot
  • All Vietnamese classified as Viet Cong
  • “I was ordered to go in there and destroy the enemy. That was my job on that day. That was the mission I was given.”
  • “I did not sit down and think in terms of men, women, and children. They were all classified the same.”
  • “I felt then and I still do that I acted as I was directed, and I carried out the orders that I was given, and I do not feel wrong in doing so.”
  • Expressed no remorse at trial

Corroborating Witnesses: 21 Charlie Company members supported Calley’s claim about Medina’s orders

Expert Witness:

  • Dr. Albert LaVerne (psychiatrist)
  • Testified Calley lacked ability to make complex decisions
  • Under cross-examination: Admitted Calley had mental ability to premeditate
  • Example of “complex decision” he couldn’t make: “Like going to the moon”

Captain Ernest Medina (Witness of the Court):

  • Denied giving orders to kill civilians
  • Stated he meant “enemy soldiers”
  • Claimed not present when killings began
  • Later admitted he “had not been completely candid to avoid disgracing the military”

5.9 Verdict

Deliberation:

  • Began: March 16, 1971 (three-year anniversary of massacre)
  • Duration: 79 hours (some sources: approximately 80 hours)
  • Secret ballot

Verdict Date: March 29, 1971

Finding: “Guilty of the premeditated murder of not fewer than 22 South Vietnamese civilians”

Also Found: Guilty of assault with intent to murder one Vietnamese child

Charges Not Proven: Murder of 109 civilians (reduced to 22)

Juror Statement: “We labored long and hard to find some way, some evidence, or some flaw in the testimony so we could find Lt. Calley innocent”

5.10 Sentencing

Sentencing Phase: March 31, 1971

Calley’s Statement to Jury:
“Yesterday you stripped me of all my honor. Please, by your actions that you take here today, don’t strip future soldiers of their honor—I beg of you.”

Prosecution Response (Daniel): “You did not strip him of his honor.”

Latimer’s Plea: Described Calley as “a good boy until he got into that Oriental situation”

Deliberation: 7 hours

Original Sentence:

  • Confinement at hard labor for life
  • Dismissal from the service
  • Forfeiture of all pay and allowances

SECTION 6: POST-CONVICTION AND APPEALS

6.1 Presidential Intervention

April 1, 1971 (3 days after conviction):

  • President Richard Nixon ordered Calley removed from Fort Leavenworth
  • Transferred to house arrest at Fort Benning
  • Allowed to remain in bachelor apartment pending appeal

White House Response:

  • 300,000+ letters and telegrams received denouncing sentence
  • Public pressure influenced decision

Criticism:

  • Secretary of Defense Melvin Laird protested leniency
  • Captain Aubrey Daniel wrote letter to White House:
  • Called intervention “degrading” and “defiling” to military justice
  • “The greatest tragedy of all will be if political expedience dictates the compromise of such a fundamental moral principle as the inherent unlawfulness of the murder of innocent persons”

6.2 Sentence Reductions

Date Action Authority
August 20, 1971 Reduced to 20 years Lieutenant General Albert O. Connor (Commanding General, Third Army/Fort Benning)
February 16, 1973 Conviction affirmed U.S. Army Court of Military Review
December 21, 1973 Conviction affirmed U.S. Court of Military Appeals
April 15, 1974 Findings and sentence approved Secretary of the Army
April 1974 Reduced to 10 years Secretary of the Army Howard H. Callaway (clemency action)
May 3, 1974 Review completed President Nixon (determined no further action required)

6.3 Federal Court Appeals

February 11, 1974:

  • Calley filed petition for writ of habeas corpus
  • U.S. District Court for Middle District of Georgia
  • Judge: J. Robert Elliott

February 27, 1974:

  • Judge Elliott released Calley on $1,000 bail
  • Pending determination of habeas corpus petition

June 13, 1974:

  • Fifth Circuit Court of Appeals reversed district court
  • Returned Calley to Army custody

September 25, 1974:

  • Judge Elliott granted habeas corpus
  • Ordered immediate release
  • Grounds: Improperly convicted due to:
  • Extensive pre-trial publicity
  • Denial of defense witnesses
  • House of Representatives refused to release executive session testimony
  • Inadequate notice of charges

September 10, 1975:

  • Fifth Circuit Court of Appeals (en banc) reversed Judge Elliott
  • Vote: 8-5
  • Conviction and sentence reinstated

April 5, 1976:

  • U.S. Supreme Court declined to hear case
  • Let conviction stand

6.4 Actual Time Served

Total Confinement:

  • House arrest: Approximately 3-3.5 years
  • Fort Leavenworth stockade: Approximately 3-4 months

Parole:

  • Date: November 9, 1974
  • Eligible after serving one-third of 10-year sentence
  • Army refused to incarcerate for remaining 10 days after Fifth Circuit ruling

Honorable Discharge: September 9, 1974


SECTION 7: PUBLIC REACTION

7.1 Opinion Polls

Gallup Poll (April 1971):

  • 79% of Americans believed Calley had been made a scapegoat
  • Only 9% approved of conviction

ABC News Poll (3,000 respondents):

  • 77% believed Calley was scapegoated

Louis Harris and Associates (April 1971):

  • 77% thought Calley singled out as scapegoat
  • 65% disagreed with conviction

Other Surveys:

  • 51% favored full release

7.2 “Free Calley” Movement

Public Support:

  • Bumper stickers: “Free Calley”
  • 5,000+ telegrams sent to White House
  • Florida lowered flags to half-mast
  • Army veterans returned medals in protest
  • “Free Calley” painted as scapegoat for government’s failed Vietnam policies

Georgia Governor Jimmy Carter:

  • Instituted “American Fighting Man’s Day”
  • Asked Georgians to drive with headlights on for a week
  • One of Calley’s most ardent defenders

7.3 Music

“The Battle Hymn of Lt. Calley”:

  • Performed by: C Company featuring Terry Nelson
  • Written by: Julian Wilson and James M. Smith
  • Label: Plantation Records (1971)
  • Sales: Over 1 million records
  • Billboard Hot 100 Peak: #37 (May 1, 1971)
  • Lyrics included: “My name is William Calley / I’m a soldier of this land / I’ve tried to do my duty and to gain the upper hand / But they’ve made me out a villain / They have stamped me with a brand”
  • Tex Ritter cancelled cover due to controversy

Vietnam War Song Project:

  • 100+ songs released about My Lai and Calley
  • 1969-1973: Pro-Calley songs outnumbered anti-Calley songs 2:1
  • Post-war era: All songs critical of Calley’s actions

7.4 Divided Opinions

Supporters Argued:

  • Calley following orders
  • War conditions made distinguishing combatants impossible
  • Military and political leaders bore greater responsibility
  • Low-ranking officer scapegoated while superiors escaped

Critics Argued:

  • War crimes cannot be excused
  • Calley personally participated in murders
  • Orders to kill civilians are illegal and should be refused
  • Other soldiers (Dursi, Maples) refused illegal orders

Colonel Harry G. Summers Jr. (U.S. Army):

  • Stated Calley and Medina should have been “hanged, drawn, and quartered”
  • Their remains should be placed “at the gates of Fort Benning, at the Infantry School, as a reminder to those who pass under it of what an infantry officer ought to be”

SECTION 8: OTHER COURTS-MARTIAL

8.1 Soldiers Charged

Total Charged: 26 officers and soldiers (various sources cite 14-26)

Courts-Martial:

  • 14 officers charged with crimes related to massacre or cover-up

8.2 Individual Cases

Name Rank Charge Outcome Date
Sergeant David Mitchell Sergeant Murder Acquitted October 1970
Charles Hutto Private Murder, assault Acquitted 1971
Ernest Medina Captain Murder, assault Acquitted September 22, 1971
Oran Henderson Colonel Cover-up Acquitted December 17, 1971
Eugene Kotouc Captain Maiming, assault Acquitted N/A
Samuel Koster Major General Cover-up Charges dropped; demoted to Brigadier General; lost position as West Point Superintendent
William Calley Lieutenant Murder <strong>GUILTY</strong> March 29, 1971

Ernest Medina Trial:

  • Location: Fort McPherson, Georgia
  • Dates: August-September 1971
  • Defense Attorney: F. Lee Bailey
  • Charge: Involuntary manslaughter of 100+ civilians; premeditated murder of wounded woman
  • Verdict: Not guilty on all counts
  • Witnesses corroborated he was not present when slaughter began
  • After trial: Admitted he had “not been completely candid” and “had suppressed evidence and had lied to Henderson about the number of civilian deaths”

8.3 Convictions Summary

Only Conviction: William L. Calley Jr.

  • Found guilty of 22 murders
  • Only American convicted for My Lai Massacre

SECTION 9: LEGACY AND HISTORICAL SIGNIFICANCE

9.1 Military Reforms

Training Changes:

  • Increased emphasis on Laws of Armed Conflict
  • My Lai used as case study at military academies and law schools
  • Training on refusing illegal orders

Command Responsibility:

  • Medina’s acquittal established “Medina Standard”
  • Command responsibility doctrine refined

9.2 Legal Precedent

Superior Orders Defense:

  • Established that illegal orders should be disobeyed
  • “Nuremberg defense” limitations reinforced

Court of Military Appeals Ruling:

  • For 100 years, settled rule: Summary killing of enemy who has submitted is murder
  • Prisoners and civilians under control cannot be executed

9.3 Cultural Impact

Vietnam War Perception:

  • Reinforced anti-war sentiment
  • Became symbol of war’s moral costs
  • Changed how veterans were perceived

Documentaries and Films:

  • “Four Hours in My Lai” (1989, Yorkshire Television) – British Academy Award, International Emmy
  • “Remember My Lai” (1989, PBS Frontline)
  • “Judgment: The Court-Martial of Lieutenant William Calley” (1975)
  • Directed by Stanley Kramer and Lee Bernhard
  • Tony Musante as Calley
  • Harrison Ford as Frank Crowder
  • “My Lai Four” (2010, Italian)
  • “My Lai Inside” (2018, Christoph Felder)
  • Ken Burns’ “The Vietnam War” (2017, Episode 8)

9.4 Hugh Thompson Recognition

1998 (30th Anniversary):

  • Thompson, Colburn, and Andreotta (posthumously) awarded Soldier’s Medal
  • Major General Michael Ackerman: “It was the ability to do the right thing even at the risk of their personal safety that guided these soldiers to do what they did”
  • Senator Max Cleland entered tribute into Congressional Record

1999:

  • Peace Abbey Courage of Conscience Award
  • Thompson and Colburn served as co-chairs of STONEWALK

2006: Hugh Thompson died (age 62); buried Lafayette Memorial Park, Louisiana

2010: Hugh Thompson Foundation chartered

9.5 Vietnamese Memorial

Location: Son My Village, Vietnam

My Lai Museum:

  • Marble plaque lists 504 victims by name and age
  • Thompson’s name displayed alongside victims
  • Small museum preserves memory of massacre

SECTION 10: SOURCE BIBLIOGRAPHY

Primary Sources

  • Court-martial proceedings, Fort Benning, Georgia (November 1970-March 1971)
  • U.S. Court of Military Appeals Decision: United States v. Calley, 46 C.M.R. 1131 (1973)
  • Federal Court Records: Calley v. Callaway, 496 F.2d 701 (5th Cir. 1974); 519 F.2d 184 (5th Cir. 1975)
  • The Peers Report (Report of the Department of the Army Review of the Preliminary Investigations into the My Lai Incident), March 1970
  • National Archives: Records of the Office of the Judge Advocate General, RG 153
  • Ronald Ridenhour Letter, March 29, 1969

Secondary Sources

Books:

  • Hersh, Seymour M. “My Lai 4: A Report on the Massacre and Its Aftermath” (1970)
  • Hersh, Seymour M. “Cover-Up: The Army’s Secret Investigation of the Massacre at My Lai 4” (1972)
  • Hammer, Richard. “The Court-Martial of Lt. Calley” (1971)
  • Sack, John. “Lieutenant Calley: His Own Story” (1971)
  • Bilton, Michael and Sim, Kevin. “Four Hours in My Lai” (1992)
  • Peers, William R. “The My Lai Inquiry” (1979)
  • Angers, Trent. “The Forgotten Hero of My Lai: The Hugh Thompson Story” (2014)
  • Jones, Howard. “My Lai: Vietnam, 1968, and the Descent into Darkness” (2017)
  • Olson, James S. and Roberts, Randy. “My Lai: A Brief History with Documents” (1999)
  • Anderson, David L., ed. “Facing My Lai: Moving Beyond the Massacre” (1997)
  • Oliver, Kendrick. “The My Lai Massacre in American History and Memory” (2006)

Archives and Collections

  • George W. Latimer Papers, University of Utah Special Collections
  • National Air and Space Museum, Smithsonian Institution
  • Library of Congress, Prints and Photographs Division
  • Famous Trials Collection, University of Missouri-Kansas City School of Law

SECTION 11: ABOUT THE COURT-MARTIAL

A court-martial is a military court convened to try members of the armed forces for offenses under military law. The William Calley case was prosecuted under Article 118 of the Uniform Code of Military Justice for premeditated murder. The proceedings lasted approximately four months, making it the longest court-martial in U.S. military history at that time. A six-officer panel, five of whom had served in Vietnam, served as both judge and jury. After deliberating for 79 hours, the panel convicted Calley of the premeditated murder of 22 Vietnamese civilians.

The case established important precedents regarding the defense of superior orders, affirming that illegal orders to kill civilians must be disobeyed. Despite the conviction, Calley served only approximately three and a half years under house arrest due to presidential intervention and multiple sentence reductions. Public opinion was deeply divided, with polls showing significant majorities viewing Calley as a scapegoat. The case remains studied at military academies and law schools as a landmark proceeding examining war crimes, command responsibility, and military justice.

The My Lai massacre and Calley trial had profound effects on American society, intensifying opposition to the Vietnam War and changing public perceptions of the conflict and those who served in it. Only one person—William Calley—was ever convicted for the massacre that killed between 347 and 504 unarmed civilians.


Research compiled from multiple verified historical sources.