[NYTr] Unrepentant Pilot to Appeal Friendly Fire Verdict

[nytr at olm.blythe-systems.com]

Toronto Star - July 7, 2004 
http://www.thestar.ca

U.S. reprimands 'arrogant' pilot 4 Canadians killed by `friendly fire' 
Defence to appeal 'fantasy' verdict

By Tim Harper

WASHINGTON--The lawyer for a U.S. pilot whose bomb killed four Canadians
in Afghanistan in 2002 says his conviction yesterday on dereliction
of duty charges was based on "fantasy" and tantamount to a murder
conviction.

Charles Gittins, the civilian lawyer for Maj. Harry Schmidt, said
he would appeal because his client had been found guilty of things
he wasn't charged with and for which no evidence was presented.

Schmidt, 38, was reprimanded by Lt.-Gen. Bruce Carlson, who said
the former Top Gun pilot "flagrantly disregarded a direct order,"
and acted "shamefully" on the night of April 18, 2002.

Schmidt will lose more than $5,672 (U.S.) in pay, and will not be
permitted to fly U.S. Air Force aircraft.

He will continue to serve in the Illinois National Guard.

"This is fantasy," Gittins said in an interview. "This is all made
up. It would be funny if it wasn't so pathetic. Harry has basically
been found guilty of murder."

Carlson also noted that Schmidt displayed a shocking arrogance at
his hearing last Thursday.

"Your wilful misconduct directly caused the most egregious consequences
imaginable, the deaths of four coalition soldiers and injury to
eight others,"

Carlson wrote in his judgment.

"The victims of your callous misbehaviour were from one of our
staunch allies in Operation Enduring Freedom and were your
comrades-in-arms."

Carlson also said Schmidt showed no remorse for the deaths of the
Canadians and he flatly rejected Schmidt's claim that he was acting
in self-defence, believing his mission commander, Maj. William
Umbach, was under enemy fire.

"You lied about the reasons why you engaged the target," Carlson
said.

He said Schmidt's refusal to obey a "hold fire" order was inexcusable.
"I do not believe you acted in defence of Maj. Umbach or yourself,"
he wrote.

"Your actions indicated that you used your self-defence declaration
as a pretext to strike a target, which you rashly decided was an
enemy firing position, and about which you had exhausted your
patience in waiting for clearance from the (command) Centre to
engage.

"You used the inherent right of self-defence as an excuse to wage
your own war."

Schmidt had blamed the bombing on "the fog of war,"

saying he mistook the Canadians' gunfire for an attack from Taliban
fighters. The pilot said his superiors never told him the Canadians
were holding live-fire exercises near Kandahar airport that night.

The four soldiers  Sgt. Marc Liger, Pte. Richard Green, Cpl. Ainsworth
Dyer and Pte. Nathan Smith were the first Canadians killed in combat
since the Korean War. Eight other Canadians were wounded.

Dyer's mother said justice was not done.

"Is that what the boys' life is worth? Five thousand dollars?"
Agatha Dyer said from Montreal. She said while Schmidt's case is
over, her pain lives on.

Maureen Decaire, whose son Cpl. Brian Decaire was wounded in the
bombing, said she understands that mistakes happen and that Schmidt
didn't intend to cause harm but said the decision still leaves her
unsatisfied.

"I would like to see him accept responsibility, which I don't think
has happened," she said from Winnipeg.

"That's the only other thing I would like."

Schmidt was originally charged with manslaughter and aggravated
assault, but the charges were reduced last year to dereliction of
duty.

The Illinois National Guardsman was found guilty after a closed
hearing held last week at Barksdale Air Force Base, La., and presided
over by Carlson.

The air force announced June 25 that it decided not to put Schmidt
on trial to face dereliction-of-duty charges for the bombing. The
pilot could have faced up to six months in prison if convicted in
a trial.

Instead, the charges were shifted out of the air force's criminal
court system to a lesser level, a "non-judicial" forum, overseen
by the general. The sentencing options did not include a prison
term.

With files from associated press