Military Court-Martial Lawyers
  • Military Failed Drug Test
  • Discharge Review Board Lawyer
  • Administrative Separation Board Lawyer
  • Records Corrections
    • Reprimand Appeals
    • Evaluation Report Appeals
    • Qualitative Management Program Cases
    • Titling Actions
    • Cadet and Midshipmen Misconduct
  • Notable Cases
    • My Lai
    • Abu Ghraib
    • Haditha
    • Maywand District Murders
    • US v Scott
    • MARSOC
  • Our Team
    • Gary Myers
    • Daniel Conway
    • Brian Pristera
    • Lauren Johnson-Naumann
    • Joseph Galli
    • Matthew Flynn
  • Videos
  • Military Sexual Assault Lawyer - Article 120, UCMJ

My Lai

On March 16, 1968, Soldiers were accused of killing hundreds of civilians in My Lai, Vietnam.  The Company Commander - Captain Medina - was accused of shooting a woman, a small boy, and generally failing to control his troops. He was acquitted of all charges. 

As a young Judge Advocate, Gary Myers became involved in the court-martial of CPT Ernesto Medina as counsel for CPT Medina's radio operator.  Fredrick Widmer was a key witness, because CPT Medina's defense team intended to blame the radio operator for one of the murders that CPT Medina was charged with. 

Mr. Myers was able to avoid charges for the radio operator.  The radio operator was 23 years old in 1971.  The government gave Widmer a grant of immunity to testify against CPT Medina.  But, Mr. Myers felt the order was not broad enough to properly protect Widmer.  ​The NY Times wrote "
Mr. Widmer was accompanied by a legal officer, Capt. Gary Myers, who protested that a grant of immunity signed by Lieut. Gen. Albert O. Connor, the Third Army commander, would not protect Mr. Widmer from prosecution for perjury if his testimony here conflicted with his previous testimony at closed Mylai hearings."

Mr. Myers fought the immunity order. Despite a contempt of court citation, the radio operator refused to testify against Captain Medina.  Mr. Myers eventually prevailed in the allegation of contempt of court. 

F. Lee Bailey defended the Medina case by arguing that the death of the woman was justifiable homicide, that CPT Medina had nothing to do with the death of the boy, and that CPT Medina did not know that his troops had massacred civilians until he saw a large number of bodies on a trail. 

In his arguments for the justifiable homicide instruction, Bailey said that there is a difference between a battlefield homicide and a murder in the street.  That idea would become an important theme in later cases - to include Haditha and the representation of an Army sniper in 2007.  In the sniper case, Tom Junod wrote a piece for Esquire called "The Six Letter Word that Changes Everything."  The article asked the question "For a Soldier at war, what is the difference between killing and murder?" 



Library of Congress - Peers Inquiry

Transcript of testimony

Investigation of the My Lai Incident - House Armed Services Committee Hearings

Report of the My Lai Incident - House Armed Service Committee

Justifiable Homicide Jury Instruction in US v. Medina

News Articles
NY Times - Medina is Placed at the Slaying Scene - Homer Bigart - 19 August 1971
NY Times - Army Withdraws Witness at Medina's Court-Martial - 25 August 1971
NY Times - Medina Case Witness Wins Plea on Contempt - Homer Bigart - 31 August 1971
NY Times - Judge Refuses to Dismiss Case Against Medina in My Lai Deaths - Homer Bigart - 11 September 1971
​
Free Initial Consultation

(800) 355-1095 Worldwide Toll Free (24h)
(210) 568-2760 (digital fax)
myers@mclaw.us
​www.mcmilitarylaw.com

The information on this page is informational in nature. Nothing on this or associated pages should be construed as legal advice for a particular case. Likewise, the information on this website does not constitute the creation of an attorney-client relationship. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
This military law firm has a worldwide presence serving locations such as Fort Hood, Fort Bragg, Iraq, Quantico, Washington, DC, Fort Drum, Fort Stewart, Fort Lewis, Fort Eustis, Camp Pendleton, Camp LeJune, Schofield Barracks, Norfolk Naval Station, Lackland AFB, Langley Air Force Base, Fort Sam Houston, Fort Bliss, Germany, Korea, and all other installations.
Home
UCMJ Lawyers

Forms, Downloads, & Regulations
Recent Results
​Military Law Blog

Contact​
Payment Options
SiteLock
​© All Rights Reserved​
  • Military Failed Drug Test
  • Discharge Review Board Lawyer
  • Administrative Separation Board Lawyer
  • Records Corrections
    • Reprimand Appeals
    • Evaluation Report Appeals
    • Qualitative Management Program Cases
    • Titling Actions
    • Cadet and Midshipmen Misconduct
  • Notable Cases
    • My Lai
    • Abu Ghraib
    • Haditha
    • Maywand District Murders
    • US v Scott
    • MARSOC
  • Our Team
    • Gary Myers
    • Daniel Conway
    • Brian Pristera
    • Lauren Johnson-Naumann
    • Joseph Galli
    • Matthew Flynn
  • Videos
  • Military Sexual Assault Lawyer - Article 120, UCMJ