Medina Comments on Calley's Conviction

"I think that all Americans must share in Lieutenant Calley's guilt," Capt. Ernest L. Medina said yesterday, "I wonder how many people in the State Department and generals in the Army got a good night's sleep last night."

Medina held a press conference yesterday in the Boston office of his civilian attorney, F. Lee Bailey. He discussed Monday's conviction of William L. Calley Jr., on 22 counts of murdering Vietnamese civilians at My Lai on March 16, 1968. The jury in Calley's case is now considering a possible death sentence.

As Calley's superior officer at the time, Medina faces trial for responsibility in the deaths of 100 villagers, and for two specific murders. Medina said yesterday that he was innocent of the charges because he had neither given nor received orders to have the inhabitants of My Lai killed. Medina also denied having participated in attempts to conceal the My Lai massacre.

'Damned Either Way'

Bailey said yesterday, "Capt. Medina would have been damned either way, whether Calley had won or lost. Since he lost, people are saying. 'Let's get Medina now.' If he had won, it would have been because he was following an order which Medina supposedly gave."

Bailey said that it was unclear whether the government would charge in its case that Medina had actually ordered the killings at My Lai, or merely that, as a commander, Medina had responsibility for the actions of Calley and his platoon.

"This case could in a way have the significance of Nuremberg. Certainly, if the government's case against Capt. Medina is based on his role as commander, then Nuremberg will be coming back to haunt us," Bailey added.

Medina said that the moral standards established by the Nuremberg War Crimes Tribunal should apply to victors as well as losers and that "they can't stop at the rank of lieutenant or even of captain."

Medina quickly added that he believed the atrocities at My Lai to be "isolated incidents," and that he was not advocating the punishment of his superior officers who have already been exonerated.

'Disgraced Uniform'

Medina also said, "My career in the military will be over even if I am acquitted. I am not guilty, and I am extremely proud of my uniform, but I have brought disgrace upon it and the Army."

Bailey, who will be assisted in Medina's defense by two military at-attorneys, added, "The Army has made it clear-in writing-that even if Capt. Medina wins his case, it will get him, perhaps through a dishonorable discharge. No court on earth can prevent the military establishment from doing someone in. Capt. Medina should get out."

Calley Statement

Yesterday Calley made a final statement to the military jury before the jury retired to consider his punishment. He said, "I have never known a soldier, nor did I ever myself wantonly kill a human being in my entire life... Yesterday you stripped me of my honor. Please, by the actions you take here today, don't strip future soldiers of their honor, I beg you."

If the jurors fail to decide between the death sentence or life imprisonment for Calley, they have the option to lower the verdict to second-degree murder or voluntary manslaughter. These verdicts may allow for a lesser sentence.

THE WAR

Four U. S. fighter-bombers struck at North Vietnamese artillery in the northern part of the demilitarized zone yesterday. There were no reports that the mission was successful. U. S. field commanders speculate that the long-ranged North Vietnamese 122mm guns were moved into the demilitarized zone as a reaction to U. S. and South Vietnamese buildup in the area in connection with the Laos invasion.

Cambodian troops retreated for ten miles up Highway 4 under North Vietnamese attack. The highway is the only route connecting the deep water port of Kompong Som to Phnom Penh.