The Vietnam Reader (26 page)

“Look, I don’t want you thinking that way,” Rader said. “I’m confident about what the outcome’ll be. Even if you’re convicted, we’ll appeal. All the way up to the President if we have to.”

“Terrific. Meanwhile I’ll have brig guards playing the drums on my head with billy clubs. Christ, you’ve heard what it’s like in that place. Can you imagine what they’ll do to a busted officer?”

“I don’t want you getting bitter. I want you to do well on that stand today. I can tell you that I admire you for the way you’ve borne up under all this. Don’t mess it up now. Really, I would’ve cracked long ago.”

“Well, I don’t break, Jim. That’s one thing I’m not going to do. I broke once and I’m never going to break again.”

“Hell, when did you ever break?”

“That night. The night I sent those guys out there. I just cracked. I couldn’t take it anymore. I was frustrated as hell and scared. If I hadn’t broken, I would’ve never sent those guys out.”

“Oh, that. We’ve been over that a dozen times. No drama, okay? This is the real world. We’ve been over that, over and over. You told them to capture those Vietnamese and to kill them if they had to. You didn’t order an assassination. That’s what you’ll say on the stand and you’ll say it because it’s the truth.”

Rader and I had argued the point before. We had argued it from the day that he was appointed my defense counsel. That had been in February, after several villagers from Giao-Tri lodged a complaint
with their village chief, who went to the district chief, a Vietnamese Army colonel, who took the matter to the American military authorities in Danang. Two young men from Giao-Tri, both civilians, had been assassinated by a marine patrol. The investigation got under way. The battalion was meanwhile establishing new permanent positions forward of the old front line. The Viet Cong protested the intrusion into their territory with land mines, infiltrators, mortars, and snipers. My platoon lost several more men, including Jones, who was seriously wounded by a booby trap. The other two platoons suffered about sixteen casualties between them, and C Company became so short-handed that Neal had to make riflemen out of the mortar crews attached to the company, leaving no one to man the eighty-ones.

It was in this depressing atmosphere of steady losses that the five marines and I were called to battalion HQ to be questioned about what came to be known as “the incident at Giao-Tri.”

Most of the particulars of that long and complicated inquiry have faded from memory. What remains most vividly is the mind-paralyzing terror that came over me when the investigating officer told me I was under suspicion of murder.
Murder.
The word exploded in my ears like a mortar shell.
Murder.
But they were Viet Cong, I told the IO, a hearty lawyer-colonel from the division legal section. At least one of them was. No, he said, they did not appear to be VC. That had been confirmed by the village police chief and the village chief. Murder. I knew we had done something wrong, but the idea of homicide had never occurred to me. Bewildered and frightened, I answered the colonel’s questions as best I could, but when he asked, “Did you tell your men to stick to their statements?” I blurted out “No!”

Accompanied by his reporter, a lance corporal who had tapped out my answers on a transcript machine, the colonel left a few minutes later with his papers, case books, and machine, all the paraphernalia from the tidy world of Division HQ, the world of laws, which are so easy to obey when you eat well, sleep well, and do not have to face the daily menace of death.

I was badly shaken afterward, so badly I thought I was going to break in two. It was not only the specter of a murder charge that tormented me; it was my own sense of guilt. Lying in a tent at HQ, I
saw that boy’s eyes again, and the accusation in their lifeless stare. Perhaps we had committed homicide without realizing it, in much the same way McKenna had. Perhaps the war had awakened something evil in us, some dark, malicious power that allowed us to kill without feeling. Well, I could drop the “perhaps” in my own case. Something evil had been in me that night. It was true that I had ordered the patrol to capture the two men if at all possible, but it was also true that I had wanted them dead. There was murder in my heart, and, in some way, through tone of voice, a gesture, or a stress on
kill
rather than
capture,
I had transmitted my inner violence to the men. They saw in my overly aggressive manner a sanction to vent their own brutal impulses. I lay there remembering the euphoria we had felt afterward, the way we had laughed, and then the sudden awakening to guilt. And yet, I could not conceive of the act as one of premeditated murder. It had not been committed in a vacuum. It was a direct result of the war. The thing we had done was a result of what the war had done to us.

At some point in this self-examination, I realized I had lied to the investigating officer. Walking over to the adjutant’s tent, I called the colonel and said I wanted to amend my statement and to exercise my right to counsel. He returned to battalion HQ with Rader, a tall redhead in his late twenties.

“Sir,” I said, “that part in my statement where I said that I didn’t tell the men to stick by their statements? Well, that isn’t true. I wasn’t thinking straight. I’d like it deleted and replaced with the truth.”

Sorry, he said, that statement had been made under oath. It could not be deleted. That was the law. If I wished to say something else, fine, but the original statement would remain in the record. The colonel smiled, quite pleased with himself and the inexorable logic of his precious law. He had me on another charge. I made another statement.

Afterward, Rader and I had the first of our many long interviews. He asked me to describe everything that had happened that night.

“All right,” I said, “but before I do, I want you to read this. I wrote it while I was waiting for you and the colonel to get here.”

I handed him a turgid essay on front-line conditions. In a guerrilla
war, it read, the line between legitimate and illegitimate killing is blurred. The policies of free-fire zones, in which a soldier is permitted to shoot at any human target, armed or unarmed, and body counts further confuse the fighting man’s moral senses. My patrol had gone out thinking they were going after enemy soldiers. As for me, I had indeed been in an agitated state of mind and my ability to make clear judgments had been faulty, but I had been in Vietnam for eleven months.…

Rader crumpled up my literary ramblings and said, “This is all irrelevant, Phil.”

“Why? It seems relevant to me.”

“It won’t to a court-martial.”

“But
why?
We didn’t kill those guys in Los Angeles, for Christ’s sake.”

Rader replied with a lecture on the facts of life. I cannot remember exactly what he said, but it was from him that I got the first indication that the war could not be used to explain the killings, because it raised too many embarrassing questions. We were indeed going to be charged as if we had killed both men on the streets of Los Angeles. The case was to be tried strictly on the facts: who said what to whom; what was done and who did it. A detective story. The facts, Rader said, are what he wanted. He did not want philosophy.

“Did you order your men to assassinate the two Vietnamese?” he asked.

“No.”

“Did you say they were to capture them, or to shoot first and ask questions later?”

“No. They were supposed to capture them, kill them if they had to. But the thing is, I must have given them the impression that I wouldn’t mind if they just killed them. Jim, I wasn’t right in the head that night …”

“Don’t try temporary insanity. There’s a legal definition for that, and unless you were bouncing off the walls, you won’t fit it.”

“I’m not saying I was crazy. What I’m saying is that I was worn-out as hell. And scared. Goddamnit, I admit it. I was scared that one of those damned mines was going to get me if I didn’t do something.
You’ve got to realize what it’s like out there, never knowing from one minute to the next if you’re going to get blown sky-high.”

“Look, a court-martial isn’t going to care about what it’s like out there. You’ve got to realize that. This isn’t a novel, so drop the dramatics. Nothing would’ve happened if those villagers hadn’t complained. But they did and that started an investigation. Now the machine’s in gear and it won’t stop until it’s run its course. Now, did anyone else hear you brief the patrol?”

“Yeah, Sergeant Coffell and the platoon sergeant were there.”

“So, in other words, you gave orders to capture if possible, kill if necessary, or words to that effect. That’s what you said, and there are two witnesses who’ll corroborate you. Right?”

“That’s what I said. I’m not sure if I completely meant it. I had this feeling that night … a sort of violent feeling …”

“Feelings aren’t admissible evidence. I’m not worried about your psyche. The important thing is whether or not you ordered your men to commit an assassination.”

“Damnit, Jim. It keeps coming back to the war. I wouldn’t have sent those guys out there and they would never have done what they did if it hadn’t been for this war. It’s a stinking war and some of the stink rubs off on you after a while.”

“Will you please drop that. If you ordered an assassination, tell me now. You can plead guilty and I’ll try to get you a light sentence—say, ten to twenty in Portsmouth.”

“I’ll tell you this. I’ll have a helluva time living with myself if those guys get convicted and I get off.”

“Do you want to plead guilty to murder?”

“No.”

“Why?”

“Because it wasn’t murder. Whatever it was, it wasn’t murder. And if it was murder, then half the Vietnamese killed in this war have been murdered.”

“No. You don’t want to plead guilty because you’re innocent as charged. You did not order an assassination.”

“All right. I’m innocent.”

“So, what we have is this: you gave orders to a patrol to capture two
Viet Cong suspects who were to be killed only if necessary. That’s a lawful order in combat. And there are two NCOs who’ll support you on that, right?”

“You’re the boss. Whatever you say. Just get me out of this mess.”

“Don’t give me that ‘you’re the boss’ routine. Are those the facts or aren’t they?”

“Yes, those are the facts.”

And so I learned about the wide gulf that divides the facts from the truth. Rader and I had a dozen similar conferences over the next five months. “Preparing testimony,” it was called. With each session, my admiration for Rader’s legal skills increased. He prepared my case with the hard-minded pragmatism of a battalion commander preparing an attack on an enemy-held hill. In time, he almost had me convinced that on the night of the killings, First Lieutenant Philip Caputo, in a lucid state of mind, issued a clear, legitimate order that was flagrantly disobeyed by the men under his command. I was fascinated by the testimony that was produced by our Socratic dialogues. Rader had it all written on yellow legal tablets, and I observed that not one word of it was perjured. There were qualifying phrases here and there—”to the best of my recollection,” “if I recall correctly,” “words to that effect”—but there wasn’t a single lie in it. And yet it wasn’t the truth. Conversely, the attorneys for the enlisted men had them convinced that they were all good, God-fearing soldiers who had been obeying orders, as all good soldiers must, orders issued by a vicious killer-officer. And that was neither a lie nor the truth. The prosecution had meanwhile marshaled facts to support its argument that five criminal marines, following the unlawful orders of their criminal platoon leader, had cold-bloodedly murdered two civilians whom they then tried to claim as confirmed Viet Cong to collect the reward their captain had offered for enemy dead, a reprehensible policy not at all in keeping with the traditions of the U.S. Marine Corps. And that was neither a lie nor the truth. None of this testimony, none of these “facts” amounted to the truth. The truth was a synthesis of all three points of view: the war in general and U.S. military policies in particular were ultimately to blame for the deaths of Le Du and Le Dung.
That was the truth and it was that truth which the whole proceeding was designed to conceal.

Still, I was not without hope for an acquittal. Throughout the investigation, a number of officers told me: “What’s happened to you could’ve happened to anybody in this war.” In their eyes I was a victim of circumstances, a good officer unjustly charged. I had an above-average service record, and was normal to outward appearances. Those other officers saw in me a mirror image of themselves. I was one of them.

And the enlisted men were all good soldiers. There wasn’t a mark on their records, not even for AWOL. Four of the five had been honorably wounded in combat. Two—Allen and Crowe—were family men. And yet, paradoxically, they had been accused of homicide. If the charges were proved, it would prove no one was guaranteed immunity against the moral bacteria spawned by the war. If such cruelty existed in ordinary men like us, then it logically existed in the others, and they would have to face the truth that they, too, harbored a capacity for evil. But no one wanted to make that recognition. No one wanted to confront his devil.

A verdict of innocent would solve the dilemma. It would prove that no crime had been committed. It would prove what the others wanted to believe: that we were virtuous American youths, incapable of the act of which we had been accused. And if we were incapable of it, then they were too, which is what they wanted to believe of themselves.

It was nine o’clock. Witnesses began to file into the neighboring hut, where the court-martial was being held. In our hut, the clerks continued to peck at their typewriters. Rader and I again went over my testimony. He told me how to behave on the stand: use a firm, but not strident, tone of voice; look at the six officers who were to be my judges when I answered questions; appear earnest and forthcoming.

I was called sometime in the late afternoon. Crowe, sitting at the defendant’s table, looked very small. I confess I don’t remember a word of what I said on the stand. I only recall sitting there for a long
time under direct and cross-examination, looking at the six-man court as I had been instructed to do and parroting the testimony I had rehearsed a hundred times. I must have sounded like Jack Armstrong, all-American boy. Later, during a recess, I heard the prosecutor congratulating Rader. “Your client did very well on the stand today, Mister Rader.” I felt pleased with myself. I was good for something. I was a good witness.