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GIs Continue The StruggleBy VVAWMELVIN X. SMITH FACES HEARING (Fort Leavenworth, Kan.) Melvin X. Smith, the black GI charged wht killing a white sergeant in Quang Tri, Vietnam, in 1971, faced a sanity board hearing at Fort Leavenworth on Monday, December 10. Smith has contended ever since the shooting that he was insane at the time of the incident as a result of a serious fall he took shortly before the killing. A sanity board in Vietnam held after the shooting found Smith ?sane? under highly dubious circumstances. After his trial and conviction in 1972, he was sent to Leavenworth for life. He won a re-trial in September 1973, and as part of his struggle he asked for and got a new sanity board hearing. It was at first feared that Smith would not be able to be represented by his lawyer at the hearing; there was no money to get the attorney, Ed Kopanski of Philadelphia, out to Kansas for the trial. At the last minute, financing was arranged. But the Army had announced that Kopanski would not be allowed to attend, since the hearing was (according to the Army) a "medical procedure" and not a legal one. After a good deal of fighting, Kopanski was at Leavenworth for the hearing and was able to talk to the hearing board. The board consisted of three Army officer-psychiatrists, including a black woman full-bird colonel who is the highest-ranking black woman in the Army. They talked to Smith for about an hour and a half, during which time they discussed the shooting and subsequent events. Melvin Smith was still unable to recall any details about the incident and was confused about the vague memories he did have; his inability to provide any information should have been evidence that he was not in any kind of normal mental health at the time of the shooting. After the examination, the board members talked with Kopanski. They told him that there was no question but that Melvin was sane at the present time. But the major question was whether he was sane at the time of the killing. Not surprisingly, the board hedged on this all-important question. The colonel said that she felt Melvin would not be any danger to society if he was freed; but she was not willing to go one step further and say she felt he was not sane at the time of the shooting. The other board members cited the removal of the board from the time and place of the incident. After much discussion, it was evident that the board was not going to render a decision. This development is not all good or all bad; but it seems inevitable that Melvin Smith will face a second court-martial. If the board fails to make a decision in their report -- and all indications are that they won?t -- then the decision of whether or not to prosecute reverts back to the convening authority on the case. It is a foregone conclusion that after two and a half years of merciless repression against Melvin Smith, the brass isn't going to stop now; it can be assumed that they will press for a new trial. On the other hand, the board could have declared absolutely that Smith was sane at the time of the killing. They did not do this, so the defense of insanity is still valid and can be used at the trial with the hope of success. The board's report will not be out for 10 days or so; once it is out, then the brass will make their decision. It is a sure guess that they will decide to prosecute. Among other indications of this, a projected trial date has been set for March 5 at Leavenworth. In the meantime, VVAW/WSO and the other groups working for Smith's defense are going on the assumption that Smith is going to trial. Petitions are being circulated, publicity is being sent out, and recruiting of defense workers is going on. WE NEED YOUR HELP!! If you can circulate a petition, get a story printed, or do defense work, contact NOSCAM-Chicago, the VVAW/WSO National GI Project, at 2743 N. Wilton, Chicago, 60614, (312) 929-1958 (evenings only). Melvin Smith's freedom will hinge on whether it can be proved that the fall he suffered affected his mental health and personality. It can only be proved by witnesses' testimony. WE ARE THEREFORE ISSUING A GENERAL CALL FOR HELP FROM ALL VIETNAM VETS: PLEASE READ ON AND SPREAD THE WORD. We must contact any vets who were stationed at Quang Tri, South Vietnam, in April and May of 1971 with the 54th Ordinance Co., 26th General Support Group. We have to find Melvin's friends and fellow GIs who were at Quang Tri at the time of this incident. Melvin cannot help us; he does not remember very much of that period, and what he does recall is clouded and very confused. IF YOU WERE THERE, CONTACT NOSCAM-CHICAGO IMMEDIATELY! Melvin Smith's future and health will depend on finding brothers who can help. Melvin's health is pretty good, given that he has osteomyelitis; there is some itching in his wounds but he is in reasonably good spirits considering that he is facing another general court-martial. He is in the general prison population and there is no indication that he will be put back into maximum security. We want to thank the VVAW/WSO chapters that have returned signed petitions; we hope other brothers and sisters will do the same. Groups in Chicago who are now actively working on the case include VVAW/WSO, the October League, the GUARDIAN Chicago Bureau, Medical Committee for Human Rights, and others. Join the fight to free Melvin X. Smith; fight Army racism! FREE ALL POLITICAL PRISONERS!! ARMY ?RACE RELATIONS' RUNS INTO REALITY (Tongduckon, South Korea) Although reports are still vague and have come from the notoriously unreliable straight press, it seems that the Second Infantry Division, stationed in Korea, has been the center of some militant black struggles of late. It is an ironic situation, since the Second Div. has long liked to think of itself as a nice, happy multi-racial division; 43% of its officers are non-whites, and they have had a long string of race relations programs of one kind or another. But on October 7, three incidents occurred in which black GIs rebelled: a black liberation flag was flown from a barracks and the brass ordered it removed; that caused a protest by the brothers who had flown the flag. The same day, there was a major incident at a civilian bar near the post, which was probably caused by racism on the part of the bar's owner. Many bars in countries where U.S. troops are stationed will not serve blacks, no matter what the Army tries to do to keep the situation quiet. Lastly, there was a fist fight between blacks and whites on the base itself. Several brothers are in trouble as a result of the incidents. The brass is spreading stories of "a conspiracy to foment racial trouble in the division" (we call it fighting for our rights!), led by a group called the Black Socialist Club. About 38 men, the majority of whom are black, were identified as having participated in the protests and other incidents. First reports were that 4 had charges dropped; 27 were discharged in lieu of court-martial or for unfitness due to past protests and political activity; 2 are awaiting court-martial, one was given minor punishment, 2 were given bad conduct discharges, and 2 were sent to military prisons. The Army later claimed that no one was facing charges and that the incidents only resulted in minor damages, although some 50 GIs were injured. The ACLU and the Workers Defense League, who checked out the story, learned that a single JAG captain was supposed to defend 22 different GIs -- at trials that the brass said weren't going on! The ACLU sent an attorney from their Hawaii branch to Korea to aid in defense work, and he has returned to the U.S. but has not yet reported back on what happened. It has been learned definitely that the of the GIs, all the blacks apparently faced punishment while charges were dropped against all the whites involved (as was done on the USS KITTY HAWK in a previous incident). In the meantime, Maj. Gen. Henry Emerson, Division Commander, just can't figure out what's wrong, since he has instituted such swell racial harmony programs as making "Brian's Song" (a soapy movie about he friendship between a black and a white football player!) required viewing for all personnel. And there are all those non-white officers, too. Maybe it will occur to him that EMs are the ones who do what the brass orders them to do, and that an officer who makes a career out of oppressing enlisted people and then yakking about "racial harmony" ain't gonna be too popular, no matter what his color. We'd like to know the truth of what has happened at Tongduckon -- it sounds like a lot of brothers have been ripped off. Anyone with information about it should contact one of the NOSCAM offices. G.I. RESISTER FIGHTS BACK (Baumhalder, West Germany) Last month WINTER SOLDIER reported the story of Tom Steinhelper, a GI in Germany, who decided that he had had enough of the U.S. Army and ?resigned' in October. His latest letter talks about the charges as well has his plans for organizing the base. "I am very interested in VVAW/WSO. I think that your organization sets pretty much the same goals as myself. I am involved in many things right now, the most important of which is my court-martial. I need support now worse than anything. I have about a month left before the court-martial, which has been set for December 13 -- the charges are two counts of disobeying direct orders and two counts of being AWOL. The first count of AWOL was when I went to a demonstration in Heidelberg. Somehow they found out I was AWOL and some full bird pig gave me a direct order to be back here by 12:00 that night. Well, I didn't make it, so that's the second count of disobeying a orders. I am pretty sure that I will have more charges by the time I go to court, though, because I am on post restriction but I don't pay any attention to it. I come and go as I please and when I see a pig I call him only by his last name and I don't use military terms such as "sir" or "sarge." They get kinda uptight, but they are trying to stay off my shit because they think I'm crazy! "Mobilizing people is a very hard task. There are only three of us here who are interested in really doing something. I have talked to some very progressive people in other companies, but they are all in the field now. Baumhalder is one of the biggest posts in Germany, but most of it is infantry and artillery and most of the people spend a lot of time in the field. It's really a drag to talk to someone who is progressive and get to thinking we can get it together and then the person has to dash to the field! "We have been thinking about opening a GI bookstore and counseling center, but we need a room. I have already been involved in one demonstration that proved that numbers is the key to our struggle. We see the need for organization -- there are so many tactics that can be used. Struggle to Win!!" Tom could use letters of support in his fight against the brass; he may be headed for stockade time. He can be contacted c/o FighT bAck, D69 Heidelberg, Marstallstrasse 11a, Germany. News on these pages was compiled by NOSCAM, the VVAW/WSO National Office GI Project. This office coordinates active-duty chapters, new VVAW/WSO members and chapters, GI Movement news, and all other GI Movement activities. Contact one of the NOSCAM offices for more information: NOSCAM-Dayton, PO Box 1625, NOSCAM-Chicago, 2743 N. Wilton,
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