Court martial
On November 17, 1970, the
United States Army charged 14 officers, including Major General
Samuel W. Koster, the Americal Division's commanding officer, with suppressing information related to the incident. Most of those charges were later dropped. Brigade commander Henderson was the only officer who stood trial on charges relating to the cover-up; he was acquitted on December 17, 1971.
[41]
In a four-month-long trial, despite claims that he was following orders from his commanding officer, Captain Medina, Calley was convicted on March 29, 1971, of premeditated murder for ordering the shootings. He was initially sentenced to life in prison. Two days later, however, President
Richard Nixon made the controversial decision to have Calley released, pending appeal of his sentence. Calley's sentence was later adjusted, so that he would eventually serve three and one-half years under
house arrest at
Fort Benning.
In a separate trial, Captain Medina denied giving the orders that led to the massacre, and was acquitted of all charges, effectively negating the prosecution's theory of "
command responsibility", now referred to as the "
Medina standard". Several months after his acquittal, however, Medina admitted that he had suppressed evidence and had lied to Colonel Henderson about the number of civilian deaths.
[42]
Most of the enlisted men who were involved in the events at Mỹ Lai had already left military service, and were thus legally exempt from prosecution. In the end, of the 26 men initially charged, Calley was the only one convicted.
Some have argued that the outcome of the Mỹ Lai courts-martial was a reversal of the laws of war that were set forth in the
Nuremberg and
Tokyo War Crimes Tribunals.
[43] Secretary of the Army Howard Callaway was quoted in
The New York Times as stating that Calley's sentence was reduced because Calley honestly believed that what he did was a part of his orders—a rationale that stands in direct contradiction of the standards set at Nuremberg and Tokyo, where German and Japanese soldiers were executed for similar acts.