The platoon had suffered
heavy casualties.
Without rest or resupply, we'd been
operating independently...
...of Alpha Company for over a week.
Of the original 40 of us,
only 1 1 remained.
Sergeant Detonq...
...Corporal Larry Cane...
...who'd recently put his own life
on the line to save the rest of us.
Farley, Beltran...
...the ill-fated Peterson...
...Kalahane, Sadowski....
All of them suffering from
exhaustion and fear.
Then there was the lieutenant
and myself.
Okay, we're gonna flank the village from
the side. Beltran, Kalahane, you're on point.
Sadowski, Detonq,
bunker down in there with them.
Cane, Peterson, Kelly and Brandt...
...fall in behind me down the road.
We got Sanchez and Farley
on this side here.
Rendezvous at the building
and infiltrate the village. Understand?
-Yes, sir.
-All right, move out, boys.
l'm not gonna fault the conduct
of the lieutenant up to this point.
He'd never been with a group of men
like this before in a situation like this.
What about these men?
Neanderthals.
Human dregs that washed up
in the enlistment ranks...
...that the Army in its wisdom
chose to wage this war.
Tyson was what, about 21 ?
College kid.
l sensed that he was just as uncomfortable
in the presence of these men as l was.
But, unlike me, l think that he thought
that he had something to prove.
Quiet. Get out of here.
Okay, let's go back a second.
lt was your recommendation...
...as corps medic, that these men
were in no condition to continue.
Tyson decided to advance
to An Ninh Ha...
...and the international hospital,
Misericorde, anyway?
He told us that there
would be women there.
Right.
As we approached the hospital, there was
a Red Cross flag flying from the rooftop.
Red Cross flag. Signifying what?
Neutrality.
Or so we thought.
-Peterson!
-Sniper! Get down!
-Peterson's down!
-Get him out!
l got Peterson! Grab Cane!
Cover me!
-l got him!
-Cane's bad, Brandt. He's hurt bad!
Wait. No, he's dead.
Help me with Peterson.
Peterson's wound was mortal.
Only a thoracic surgeon in a well-equipped
hospital could've saved him.
-Nobody move!
-We would've had to fly him out.
-Stay back. Stay back!
-Please.
But we had just fired a few hundred
rounds into the place...
-...so they weren't ecstatic to see us.
-Watch them!
What was your opinion
of Peterson's condition?
l told Tyson several times...
...that their ER was not equipped
to handle thoracic surgery.
And that's what the Frenchman,
chief of surgery...
...was also trying to tell him.
French bastard.
Help him. He's dying.
-Without a dust-off, he's gone.
-They're all dying!
Do we let these other men die to operate on
this man for whom nothing can be done?
Get your hands off me!
Lower your gun!
This is not a war zone!
Beltran, make room for Peterson.
-You! Move, now!
-No!
Move it, sister!
Come on! Come on!
Get ready to operate. Now!
-Lieutenant.
-Hey, hey.
There's no point!
He's dead.
-No, no, no, no, no!
-He's dead, lieutenant.
Sons of bitches, man!
Waste them all!
Do it! Blast them!
-What do we do?
-Finish it.
-Kill every man and woman in this place.
-Bastards!
An orgy of murder.
Not a single human life was spared.
After they burned the building down...
...and all the witnesses were dead,
they swore a blood oath...
...upon their word of honor...
...never to speak of it again.
Not a word to anyone?
-Not for 30 years?
-l considered coming forth.
Especially when l heard that Lieutenant
Tyson had been put in for a Silver Star.
But it would've been my word against his.
Well, it still is.
But...
...now, l don't care.
A thing like this contaminates
your soul, Mr. Picard.
lt ruined my life.
lt ruined my life, it ruined my life.
And l think it's my duty to God and to my
country to set the record straight...
...about Lieutenant Benjamin Tyson...
...and the atrocities at Misericorde.
ln lraq today, the U.S. Army continued their
patrol of former Ba'ath party headquarters.
The site of sporadic looting and violence.
-Did you talk to David?
-Oh, l talked.
l'm not sure he listened.
He's still saying he didn't cheat.
Teachers have it in for him....
Yeah, right.
Well, he's gotta come to it on his own.
Stop being the principal.
Be his mom.
Well, since you're in such
a forgiving mood...
...l meant to tell you that l had to wire
my sister more money last week.
She sounded so desperate, Ben.
Maybe she should've gone
back to her husband...
...instead of blowing
all that money on lawyers.
Not cool.
-Who blew all their money on lawyers?
-Aunt Francie, honey.
She's going through a hard time.
-She shouldn't have married the bum.
-Oh, very compassionate.
People experience problems
in their lives, David.
-lt could happen to any of us.
-Good to know.
People just have to take responsibility
for their actions. Don't they?
-Have a wonderful day at school, David.
-Yeah, right.
Hold on. Jim Wattenberg.
-Call back.
-Mr. Wattenberg?
He's rushing into a meeting.
Mr. Tyson's office.
No, l'm sorry. He's not in....
l talked to Brian Falco.
They're waiting on our recommendations.
Yeah, l want to talk to you about that.
Don't tell me you're having
second thoughts, my friend.
The board meeting's tomorrow.
-Ben, it's your wife.
-Hold the calls, okay?
-And get me Phil Sloan.
-You all right?
You know, l'm right
in the middle of something.
Can l get back to you later on this one?
-Yeah, sure.
-That'd be great.
lncoming!
Beltran, Kalahane, l want you guys on point!
Move out quickly and stay low!
We're going to Misericorde!
l'm hit!
Grenade! Grenade!
Phil Sloan is in the conference room.
Why did it take 30 years
to tell this story?
A story like this has obvious disadvantages.
lt was a long time ago.
Those who were there and are still alive
have no reason...
...to either confirm or deny their role
in the assault.
-But why now?
-He's been diagnosed with prostate cancer.
Facing mortality, he decided it was time.
-Dr. Brandt!
-l'm sorry--
-Why did you make these allegations now?
-l can't talk now.
-What's his profile?
-A war hero, sir.
Two Purple Hearts,
Combat lnfantryman's Badge...
...Vietnamese Cross of Gallantry
and the Silver Star.
-How about the whistle blower?
-We don't know much.
Company medic. Discharged in '73.
Disappeared into civilian life.
Medical practice until '97.
Dr. Brandt's allegations are creating
a scandal with foreign governments...
...and human rights organizations
demanding an investigation.
-Tell them to piss off.
-You can't just...
...tell the international community
to piss off.
We have diplomatic relations with Hanoi,
including an extradition treaty.
l assume you're considering a lawsuit.
My concern is whether this could
bring about a criminal action.
There's no statute of limitations for murder,
but it's unlikely they'll come after you...
...for an incident 30 years ago
in a foreign country.
The Justice Department can't put them
on trial. We have no jurisdiction.
-General?
-Tyson and his men are civilians.
The Army only tries soldiers on active duty.
You have to be tried in a military court,
which has no authority...
-...unless you're still in the reserves.
-l'm not.
No way to recall him in order
to try him?
lf he was in the reserves
or collecting disability.
And?
Anyway, this is assuming
these allegations are true.
He gets medical benefits
for his leg injury.
We have an uncorroborated account
by a former platoon mate...
...who doesn't specifically identify
you as having killed anybody.
But as commanding officer,
l bear full responsibility for my men.
We're gonna tell all our wounded veterans
we can recall them on a whim.
Let me spell it out for you, general.
Our country's in a state of war.
Do not talk to the press.
You give no statements, public
or private, to anybody. Marcy too.
We're accusing nations of harboring
terrorists and killing innocents.
The last thing this government needs...
...is a scandal about an Army cover-up
of a civilian massacre.
Now, for a special report,
we go live to Dallas.
Please, move aside!
Let her through!
Mr. Tyson, sir!
Do you acknowledge your role
in the massacre?
-You people are on private property.
-Mr. Tyson!
l've been trying to reach you all day.
l forgot my cell phone.
There was an incident at that hospital.
lt didn't happen exactly
the way it's being reported.
-Where's David? David?
-lt's okay.
l reached him at school.
He's spending the night at Parker's.
This magazine says
that you and your men...
...killed innocent people...
...burned down a hospital.
-ls that true?
-lt's not true.
lt's true and it's not true.
l wanna talk to you about this,
but l can't.
l gave my word.
You gave your word to whom?
-The Army?
-You're gonna have to trust me.
l can't talk about this.
lf that article triggers an investigation,
there will be different versions of the truth.
-You can be charged?
-According to Phil Sloan, it's possible.
-You--
-But not likely.
-You already talked to Phil Sloan?
-He's got a law degree.
This Seattle doctor doesn't care
about the sanctity of some oath.
You weren't there.
You were in friggin' grammar school.
Don't ask me to justify
what happened in that hellhole.
lncoming!
-Can l help you?
-Yes.
-Major Karen Harper here to see Mr. Tyson.
-Thanks.
Here he is.
Benjamin Tyson.
Major Karen Harper, representing
the judge advocate general's office.
l'm sorry for the inconvenience.
Can l borrow a few minutes
of your time?
l assure you, Mr. Tyson,
this is merely a preliminary inquiry.
There've been sensational
allegations against you.
l've read the statements that you and
your men gave to investigators in '73.
l have no reason, at this time, to believe
Dr. Brandt's story and disbelieve yours.
The man waits 30 years to come forward?
lt obviously raises certain questions.
Nevertheless, l have a duty to advise you...
...l'm here to conduct an Article 32
investigation, and in order to do so...
...charges must be contemplated.
ln this case, among those charges
are murder and accessory to murder.
Under the Uniform Code
of Military Justice...
...the maximum penalty for murder
is death by lethal injection.
You have the right to counsel,
to remain silent.
Do you understand these rights
under the uniform code?
Yes, major, l do.
The things they make a girl say.
-Would you like to have lunch?
-You, me and my attorney?
lf you want your attorney, by all means.
But, as l said, this is all very preliminary.
lf l find there are no grounds to prosecute,
as l fully hope and expect...
...l will recommend the case
against you be dropped.
Hi. l'm sorry....
Did you suffer any casualties
before you entered the hospital?
Arthur Peterson.
-May l take this from you?
-Thank you.
What about Larry Cane?
Larry Cane was killed inside the hospital.
You decided to bring the wounded inside
the facility for treatment, correct?
And once inside, how were you able to
distinguish between enemy, patients, staff?
We didn't.
The VC either masqueraded
as patients or staff...
...or they used patients and staff
as human shields.
-How many enemy in all do you estimate?
-Thirty, forty.
ln the hospital,
how many casualties in your platoon...
...other than Larry Cane
and Arthur Peterson?
There was no one else.
Major, do you think the Army
could afford a cognac?
lt can afford two cognacs,
but l'm on duty.
So to recap, you were ambushed
outside the hospital, a man went down.
You made a decision
to enter the building...
...and in the battle for control,
a fire burned the hospital to the ground.
-That's correct.
-You did not order your men to kill anyone?
There was no massacre?
Thank you.
This is not a war crime,
and you did not intentionally set the fire?
Yes.
Why do you think there's a discrepancy
between this official report...
...and what Dr. Brandt told
The Atlantic Monthly?
-Brandt is lying?
-Possibly.
But why?
-You'll have to ask him.
-l intend to.
Eleven fatigued men attack
a beach in Hue...
...and then make a frontal assault
on Misericorde hospital.
This is an international hospital, and l decide
who gets seen here and in what order!
Die!
Why didn't you call for reinforcements?
l don't expect you to answer that, because
it presupposes you're lying about all this.
What do you know...
...about combat conditions?
You have no idea what that war was like.
Mr. Tyson, would you please note
that this envelope is addressed to you.
Those are orders recalling you
to active duty in the U.S. Army.
Would you please sign the receipt
attached to these orders?
Absolutely not.
lt's a formality anyway, lieutenant.
Legally, you've been served.
Off the record...
...l sincerely hope Dr. Brandt's
story isn't true.
A thing like this could have
devastating consequences...
...not only for you and your family,
but for the Army and this country.
Well, for the record...
...you go to hell.
This incident transcends
not only constitutional rights...
...but Mr. Tyson's civil liberties.
The Army has no jurisdiction here, none.
And if they think they can
enforce the recall order...
...it sets a very dangerous
and chilling precedent.
At least he is defending you.
-New dress?
-Yeah.
lt's for the fundraiser tomorrow night.
Well, l am the new principal. l have
to be there. Smile and answer questions.
How do you do, Mr. and Mrs. So-and-So?
l'm really excited about my new job.
The fact that my husband
is accused of war crimes...
...doesn't detract at all from
my qualifications as an educator.
Well, it is bound to come up.
And it would help
if l knew what to say.
-He's gonna walk away from this, isn't he?
-Oh, no.
The Army's taking this very seriously.
We're not into covering up war crimes.
l saw Tyson's lawyer on a panel discussion.
He was saying that the Army's recall
violates the Constitution.
We disagree with that assessment.
Generally speaking...
...how would you characterize
your relationship with Tyson?
Well, there were differences,
but generally speaking...
...we respected each other.
You told Picard that
as you neared the hospital...
...you encountered sniper fire.
Well, l never told Picard that
l was certain where it came from.
Two men were hit.
Arthur Peterson, in the throat--
-And the other one?
-Larry Cane.
Shot in the heart, died instantly.
-Outside the hospital?
-Of course.
Are you aware that, according to Tyson,
Larry Cane was killed in the building?
That his body was incinerated
with the other victims?
As l've told you,
Tyson's story is a pack of lies.
-Hello, Eleanor.
-Marcy.
-You look lovely this evening.
-Thank you.
Sam, get a picture of our guest of honor
and her husband for the review.
-Tyson.
-You got plenty.
-There you go.
-Thanks.
-We need to talk.
-Phil, if you don't mind...
...l'd rather not be seen huddling
with my attorney this evening. Thanks.
You're not the world's most
cooperative client.
Maybe that's because you're not being
the world's most discreet attorney.
lf you're gonna appear on TV
and speak on my behalf...
...perhaps you should clear it
with me first.
lf you're not gonna defend yourself,
someone has to do it.
Look, l understand your reluctance
to avoid further public embarrassment.
Let me show you something. Please.
My kid downloaded this
off the lnternet this morning.
Marcy's wild sex life in the '80s...
...is gonna be all over the covers
of several tabloids.
Well, what do you want me to do, Phil,
autograph it for you?
People are asking me, when are Ben and
Marcy gonna stand up to these bastards?
A thing like this could be worth millions.
That's 40 percent to you, right?
Let's resolve this right now.
You're fired.
What is going on?
Jesus. Oh, my God.
The Cars, The Police, Foreigner,
Duran Duran, well, who didn't l bang?
Come in.
Hey. How's it going?
''Gl's personal accounts
of the Battle of Hue?''
We're studying that in history.
l mean, the Vietnam War.
You doing okay?
Fine.
Really.
You're always telling me to take
responsibility for my problems.
l'm not going to bitch.
David, if l had done everything
that they're saying l did...
...l'd admit that to you.
l don't give a damn what you did.
Come on, David, you know that's crap.
But it happened.
Hi, guys.
So he saw it.
Where did they get that?
lt's called freedom of the press.
You're free to say ''no comment'' ...
...and they are free to print
whatever the hell they want.
l am not going to defend
myself in the press.
-You know why.
-No, l don't.
Because you won't tell me.
You at least knew about my past.
l didn't hide anything.
You're right.
l should be beyond all that.
But it's a little difficult
dealing with the fact...
...that your wife's sexual history is on the
cover of every newspaper in the country.
Damn it, l had a few boyfriends, okay?
l had a life before you,
and you knew all about it...
...long before you came into this.
So l screwed some guys. So what? Hell,
you killed more guys than l ever screwed.
l've got a feeling about Brandt.
The fact that he's-- Oh, here.
The fact that he sat on
the story all this time.
Suppose he's got an agenda here.
Some, you know,
some vendetta against Tyson.
We'll find out his motive.
Arthur Peterson was killed
outside that hospital...
...and his body was returned
stateside for a hero's burial.
Larry Cane is the son of an Army general.
His brother served in the U.S. Senate.
lf Brandt's story's true, and Cane
was killed outside the building...
...how come his body
never came home?
This came in while you were still in the air,
and Van Arken wants us to keep a lid on it.
Another one of Tyson's men
has come forward.
Vince Farley confirms that Cane
was killed inside the hospital.
He claims Tyson shot him
in cold blood.
Hell of a storm once the press gets wind
that Tyson fragged the son of a commander.
-Mustang Six, this is Cane! This is Cane!
-Mustang Six!
We're backing out! l repeat,
we are backing out! Lt. is down!
-We need a chopper now!
-Give us a marker.
Roger, guide on that!
We're gonna have to leave the dead!
-Lieutenant!
-Fall back!
Take the wounded and leave the dead!
You know the difference!
You're in early.
Good morning, Lew.
All-nighter, actually.
Peterson, get over here!
Give me a hand!
Come on in.
Hold on! Help's coming.
Ben, look....
This is awkward.
We've been colleagues a long time,
friends a lot longer.
But l have become a liability.
-How do l make this easier?
-Accept a paid leave of absence?
Until this situation is resolved.
l can't accept pay for work l don't do.
-You got a partnership to answer to.
-You let me handle the partners.
l appreciate it, Lew, but no thanks.
You'll have my resignation in an hour.
l'm sorry.
For what it's worth,
l can't say who you were then...
...but the man l know
isn't the man in the papers.
Here.
-''J.D. Runnells,'' who's that?
-Friend of the family.
Don't let the cornpone routine fool you.
He's the best legal mind
this side of the Mason-Dixon Line.
Good luck.
Pentagon sources have confirmed
that Vince Farley has come forward.
The judge is considering charges
concerning the civilian massacre.
Farley is expected--
-This is Kelly.
-John.
Yeah?
Ben Tyson.
-Been a long time.
-No kidding.
-lt's good to hear your voice, sir.
-lt's good to hear your voice too.
Lieutenant, what should we do
about all this?
Well, look, we're--
We're gonna have to deal with this thing.
Yeah, l know. l've been watching
all the stuff about us on the news.
-Gonna need to get the guys together.
-Right.
What's this?
l got a trip to D.C.
Just writing you a note.
Why?
See some people.
Some people.
For how long?
Marcy, l....
l can't continue to put
you and David through this.
When l get back, l'm gonna get
a room at the club...
...until this is over.
Ben, l'm scared.
Marc, l'm doing the best l can.
Here you go.
What's this?
Thucydides.
l'm attempting to read him
in the original Greek.
That's a piece of work.
You ever studied the classics, Mr. Tyson?
Very stimulating.
Very smart people in those days.
l guess what l should ask you right off is...
...what's a thing like this likely to cost?
Couple hundred thousand, give or take.
And that's just the appeals process.
We start fighting this recall,
the sons of bitches will try...
...to run you through an Article 32.
What?
That Major Harper...
...the one that handed me
the recall orders...
...she said she was assigned
to do the Article 32.
You talked to her...
-...without benefit of counsel?
-Well, she explained to me that--
l don't care what she explained.
l care about what you told her...
...and exactly what the hell
happened to you at Misericorde.
l swore l'd never disclose that.
Well...
...if you expect me to keep you away
from that firing squad, Mr. Tyson...
...you gonna have to disclose that.
l'm your attorney. l got privilege.
Well....
Well, you saved Lewis Kaplan
a hefty retainer fee.
l pay my own way, Mr. Runnells.
Mr. Tyson...
...l was in country.
Two years, tour of duty.
What l tell you...
...does not leave this room.
First, tell me about Misericorde.
Won't forget you, Cane.
Just hang on, Tyson,
we're gonna get you out of here!
l'm gonna make sure you get
a commendation. You saved my life.
You've done the same, buddy.
We're in this hellhole together.
Get yourself patched up, you know?
Look around you, lieutenant.
You're not alone.
He's ready.
Come on.
-Hey, pal.
-Hey.
Lieutenant Tyson?
Radioman John Kelly reports, sir.
ln lraq, the American team
of inspectors continue their....
Whole lraq war was handled by
push button. What kind of war is that?
-Sadowski?
-Thanks.
Laser-guided bombs and heat-seeking
missiles destroyed lraqi targets.
One hundred and forty-four American
troops were killed during the war...
-...while many others continue to die....
-A hundred and forty-four casualties.
Half of them were accidents.
Hell, we lost what? Fifty-eight thousand.
Fifty-eight thousand.
Come home and they treat us like garbage.
Billy Sanchez?
He offed himself, l heard.
Hey, man.
-Ramon. Son of a bitch.
-Ramon.
-Come on in and have yourself a drink.
-Hey, old buddy.
All right, all right, l'm not into this
weepy, touchy-feely reunion, so...
...let's get to it.
Lieutenant, look...
...we know what you're going through.
You're taking the bullet for all of us.
You got our loyalty.
You need money,
help along the way, just ask.
Of all the sons of bitches
to turn weasel....
And after you protected Brandt, lieutenant.
We stick to the story,
we stay together, we're okay.
You're forgetting the nun.
Sister.... What's her name?
-What if she starts talking?
-We should've fragged her too.
Look, l'm not trying to defend Dr. Brandt...
...but l've struggled with this myself.
Brandt never found peace.
l found Jesus.
And every day, l ask the Lord
for forgiveness for Misericorde.
-Every day--
-Enough with the born-again crap, Bel.
l came to hear the lieutenant.
The story's out there.
lt's distorted.
l need some leeway.
What do you mean, ''leeway''?
l got a family.
They need to know what happened.
Hold up.
This is what you got us out here for?
Let me make this real simple.
-You open your mouth to anybody...
-Detonq, come on, man.
...your wife, your kids, anybody...
-...there'll be payback.
-ls that a threat?
lt is what it is, Ty.
Don't test me.
We saved your life a long time ago.
Don't make us regret that.
-You gave us your word.
-We got our own families to protect.
Lieutenant, wives talk.
They talk to their girlfriends...
-...their ministers--
-You selfish bastard!
-Come on.
-No, now you wanna sell us out...
...so you can save your marriage
to that slut wife of yours?
Lieutenant?
Lieutenant.
Maybe l prevail against the Army.
Maybe l prevail against that recall.
And maybe l don't.
Either way...
...it's clear the loyalty in this room...
...cuts one way.
lt always did.
Never once...
...in the Army's 227-year history...
...has a former soldier...
...a decorated war hero...
...with two Purple Hearts...
...been reactivated on the basis
of disability pay.
Never once.
The Army says it must recall Benjamin
Tyson so that it can investigate a crime.
But a crime has never been
established here.
lnstead, Mr. Tyson has been subjected...
...to an avalanche of publicity...
...been accused and convicted
in the media...
...based on multiple convoluted,
contradictory...
...and unsubstantiated verbal accounts.
A crime has been committed.
But it is the Army's determination
to scapegoat an innocent man...
...by dragging him backward
through this loophole...
...and its willingness to shred
the Constitution...
...in order to selectively prosecute him.
l ask our motion for immediate relief
be granted...
...and the Army's jurisdiction denied.
ln some ways,
this ruling is so bad it's good.
Listen to the fractured logic:
''The frightening nature of this precedent
argues that such ruling should pertain...
...only to the facts of this case
and this case alone.''
Et cetera, dementia. lt basically confirms
they denied your constitutional rights.
lt's just that it's okay because it's you.
-Now we appeal.
-You got that right.
-All the way to the Supreme Court.
-Bad break.
-l assume you're going to appeal.
-Spare us the false sympathies.
l'm being sincere, lieutenant. There are
no bad guys here, just the system.
Between us, l don't think
it was a good ruling.
Thank you very much, major, darling.
Let's go.
l knew they'd be curious about it.
Let me just say-- Let me just say...
...that l'm not at liberty to discuss
the particulars of the ruling.
l can assure you that Mr. Tyson
is going to fight...
...for his constitutional....
Tyson.
l represent the government.
The whole government?
All by yourself?
l like that, Tyson.
You're better educated
than your typical mass murderer.
Relax. Have a sense of humor, for chrissake.
The point is, this conversation
is unofficial but authorized.
ls that so?
-What's in it for me?
-lf you're smart, your freedom, your life.
Let me lay it out for you.
The people on your side are civilians.
White House, state department.
lt's the Army that wants
your head on a pole.
l'm not going down without a fight.
Think of the expense, the effort.
And the alternative?
Leave the country.
You have your passport.
All we ask is that you go someplace
that won't embarrass the administration.
Places like Brazil or Sweden,
where there's no extradition problem.
How about you go to hell?
You put the Army through a court fight,
you'll lose.
They'll yank your passport,
put you in prison.
Hey, Tyson.
-Folks made the cover again.
-Leave him be.
Dave, if your daddy does some time...
...l'll put your mom
on the top of my MlLF list.
Think of your son, your wife.
-Word is your marriage is rocky.
-ls it true you're getting a divorce?
lt's what it says in the tabloids.
We are not talking about divorce.
Everything about this family is a lie.
This isn't just about you and me.
-You have to choose.
-You need to understand something.
The Army needs this one.
You remember the Peers Commission Report
on My Lai?
Everything wrong with that case
will be right with this one.
No cover-ups, legal blunders...
...just justice. Even if
it has to be scripted and faked.
l wanna make a deal.
What kind of deal?
l'll accept the Army's recall orders...
...and the court-martial.
But in exchange,
l want immunity for my soldiers.
Are you off your medication?
What are you even considering this for?
-We'll win on appeal. You'll be off scot-free.
-ln two years.
The Army would be happy to execute you.
Do you get that?
My job is to protect you,
even against yourself.
You won't let me do that,
find yourself another attorney.
My family is my life, J.D.
This is destroying them.
lf l don't end this now,
my life's not gonna be worth a damn.
l don't know.
Maybe l just have a broader
definition of life than you do.
Well, l'm gonna ask you to narrow it.
Just this once.
Help me.
Congratulations. Let's go celebrate.
What's going on?
Tyson....
He dropped his appeal.
He wants immunity for his soldiers.
Why is he doing this?
Hold up. All right, go ahead.
Death wish.
Okay, away you go.
Lieutenant Tyson reports.
You're supposed to show
up in uniform, lieutenant.
l don't own a uniform, sir.
-You know a barber, then?
-Yes, sir, l do.
So, you show up down here
in civvies, no tie, long hair.
We run a nice, quiet post here,
Lieutenant Tyson.
We do not enjoy the prospect of having
the media nosing around here.
Curiosity-seekers and demonstrations,
those people make me sick.
-l'll try not to add to your problems, sir.
-Well, see that you don't.
Now, l've been instructed
to offer you family housing.
Thank you, but my family won't
be joining me.
l've made arrangements at a hotel.
Well, let me be a little more
precise then, lieutenant.
You will be at base housing
from 2400 to 0600 hours.
Any off-duty travel is restricted
to 1 5 miles from your post.
-l was told l would not be restricted.
-l don't give a damn.
You're back in the Army now. An army upon
which you've shown nothing but dishonor.
Now, get out of my face.
You're dismissed.
Lieutenant.
Major.
That's right.
l am a major.
Why does Farley hate you so much?
-Ask Farley.
-l have.
Why does Brandt hate you?
l don't know for certain
what happened at Misericorde.
Brandt and Farley's version
are all over the map.
But l do know your version
isn't credible, either.
-Maybe the truth is irrelevant, major.
-No, no.
No, lies are destructive, you know.
They spread like a malignancy
to the innocent and guilty alike.
l want the lies to stop.
And l want you to put an end to them.
lf not for your own sake,
then for the sake of the innocent...
...and for the sake of your country.
Just end this nightmare for everyone.
lf those men mutinied, lieutenant....
lf those men are responsible
for this crime against humanity...
...put an end to this now.
They don't deserve your loyalty.
You see that guy over there?
Would you die to save his life?
Right now, no time to think.
Boom. He's dead.
And you're probably dead too.
The legal system....
They're more concerned about winning
than they are about justice.
My God, we've got a news media
that is an international disgrace...
...owned by behemoth corporations
that profiteer on human tragedy.
And they try and pass it off
as some sort of crusade for the truth.
Well, that's a bunch of crap.
And you couldn't penetrate
the truth of Misericorde...
...in a million years.
l like you, Tyson.
l even admire you...
...which is one of the reasons
l can't let this go.
Every account of Misericorde, including
your own, mentions a surviving eyewitness.
Sister Teresa.
Major, if you like me so much,
leave her out of this.
l'll take my chances against
Brandt and Farley.
No, you'll take your chances against me.
General Van Arken has ordered
me to prosecute this case.
Mrs. Tyson, apologies, apologies. l was
detained. Did they get you anything?
-Can l get you anything?
-No.
But thank you for seeing me
on such short notice.
l hope that l didn't sound
too anxious on the phone...
...but l am confused about all this.
He met with his soldiers, you know.
He asked them to release him
from his obligation.
When?
Last week.
l gather it didn't go
quite the way he was hoping.
-He never told me.
-Well....
Against my very expensive
and well-considered advice...
...he's determined to do this thing, to fight
this thing the best way he thinks he can.
By confronting his accusers
in the courtroom.
He believes the only way he can end
this thing is with a court-martial.
He also believes that if he doesn't...
...he's gonna lose you...
-...and your boy. David, is it?
-Yes.
And as he said to me...
...his wife and family are his life.
You guys look...groovy.
We were on our way to Hue...
...when the lieutenant said we're gonna
take a quick detour into this village.
The village of An Ninh Ha.
And we're gonna stop at this hospital.
-Misericorde Hospital?
-Objection. Counsel gonna testify as well?
Sustained. Major, have your witness
respond in full.
Why were you going
to Misericorde Hospital?
The looey said we got a couple guys
that were still in bad shape...
...after we got ambushed.
And they needed more help than Brandt
could give them in the field.
Please tell us what happened
at the hospital.
So the lieutenant ordered Beltran...
...to pull the gook off a table
and put Peterson on it.
Then Tyson said--
Somebody said, ''Peterson's dead.''
And then Tyson said,
''Waste them. Waste them all.''
And then he shot Cane.
Why did they kill the doctors,
nurses and other patients?
We saw them running.
ln Nam, you see someone running,
you kill them.
-What about Corporal Larry Cane?
-Like l said, Tyson shot him.
-Why?
-Because Cane was trying to stop it.
At no time did you hear or see Lieutenant
Tyson try to stop what was going on?
Well, why would he do that?
He begun it.
Thank you, Mr. Farley.
l have no more questions.
-Mr. Runnells, do you wish to inquire?
-Yes, l do, Your Honor.
Good afternoon, Mr. Farley.
How's the Army been treating you?
No complaints. Major Taix even
took me out for breakfast.
He did?
l bet it's better than the breakfast
at the Our Lady of Perpetual Mercy shelter.
Oh, much better. l had Belgian waffles.
Are you currently in treatment
for substance abuse?
-Objection. Relevance.
-Goes to memory, Your Honor.
-Answer the question, Mr. Farley.
-Off and on.
When l go to a session at the V.A.,
then l'm under treatment.
For what substances?
Barbiturates and alcohol and heroin.
-How long you been under treatment?
-Since '75-- Seventy-three.
Mr. Farley, while you were in Vietnam,
did you use illegal substances?
l'll just remind you you're under oath.
Grass. Morphine.
Dropped a little acid.
Before you took the stand this morning...
...while you were eating your waffle...
...did you go over your testimony
with Major Taix?
-To freshen me up, he said.
-How much time did you spend doing that?
You mean this morning...
...or counting the weekend?
Was Major Taix helpful?
He sure knew a lot more about it
than l did.
-Your Honor, l object.
-No further questions, Your Honor.
On February 1 5, 1 972...
...did you help carry PFC Arthur Peterson...
...to an operating room
in Misericorde Hospital?
-l did.
-What happened next?
Lieutenant Tyson was demanding
the doctor treat Peterson.
And the doctor wouldn't...
...so Lieutenant Tyson shoved him.
And then PFC Sadowski hit the doctor
in the groin with a rifle butt.
And then Lieutenant Tyson told the others
to pull a VC off the operating table...
-...and put Peterson up there, which we did.
-And then?
Then Peterson died.
And a few seconds later...
...Lieutenant Tyson told Corporal Cane:
''Kill them.''
l mean, it may have been ''Waste them''
or ''Kill them all.''
Dr. Brandt....
Major.
Excuse me, Your Honor.
''Kill them all.'' That's what he said.
-Did Larry Cane respond to this order?
-No.
-He resisted.
-What happened next?
Lieutenant Tyson executed him.
And then Sergeant Detonq
shot the doctor...
...then others started shooting,
l assume out of fear of Lieutenant Tyson.
And Kelly and Beltran, they left the room,
and l soon heard more gunfire.
-Did you say anything to Lieutenant Tyson?
-Yes. l could hear shooting all over.
And l could hear screaming.
And it seemed like the screaming...
...was louder than gunfire.
And l said, ''Lt. Tyson,
they're killing women and children.''
-How did he respond?
-He gave no answer.
He simply left the room.
He left the room...
...and after that...
...l didn't see him again...
...until we assembled outside the hospital.
-By which time the hospital was burning.
-Yes.
-And were people trying to get out?
-Some were jumping out the windows.
Some people were crawling out the door.
Many were on fire.
Did Lieutenant Tyson order anyone
to aid them?
No.
Lieutenant Tyson ordered them shot.
l have no further questions at this time.
Thank you.
Dr. Brandt...
...you told us that you bear no animus
toward Benjamin Tyson.
-That's right.
-You have no reason to invent a story...
-...in order to harm him.
-Correct.
l'd like the record to show that Dr. Brandt
has been re-advised as to his oath.
So noted, Mr. Runnells.
Dr. Brandt, l remind you
you're still under oath.
Regarding your account
of the death of Larry Cane...
...in your initial statement
to the Army investigators...
...you claimed that Corporal Cane was killed
by sniper fire outside the hospital building.
-Were you lying then, or are you lying now?
-Objection.
-Goes to credibility, Your Honor.
-Answer the question, Dr. Brandt.
Larry Cane's father was
a retired United States general.
His brother is a United States senator.
Out of respect for Mr. Cane's family,
l decided to maintain...
...that part of the cover story,
which we all agreed to.
To protect his memory?
From what? lf he was a hero
who tried to prevent a massacre--
Objection. He has acknowledged
his previous statements were inaccurate.
Did you ever assist the South
Vietnamese police...
...when they searched villages
for suspected enemy agents?
-Objection.
-Goes to his denial of animus.
Continue.
Did you ever assist
the South Vietnamese police...
...when they searched villages
for suspected enemy agents?
l didn't assist the police.
l supplied medical help.
Medical help...
...to the police?
To the suspects.
-Torture was not uncommon.
-l see.
As a courtesy, you occasionally
supplied medical assistance...
-...to suspects the police tortured.
-Yes.
Did the police ever...
...undress their suspects
before they tortured them?
-Yes. They stripped them naked.
-Did they ever torture young people?
Unfortunately.
Do you recall a night...
...when you treated a young girl
in a village near Quang Tri?
You treated her in a hooch while the police
held her mother and father...
...and the rest of the villagers outside.
-No.
-She was around 1 2 years old.
She was screaming in terror and agony
while you beat and raped her.
Does that jog your memory, Dr. Brandt?
You don't recall raping that young child
and the ensuing activity?
Get off of me, Tyson!
Get off of me! Get off!
-Objection.
-Mr. Runnells...
...please limit your questions to matters
directly relating to Lt. Tyson...
...his men or the incident at hand.
Didn't Lieutenant Tyson and his men...
Hey, what are you doing?
Let go!
...your fellow platoon members
who are presently in this hall...
...allow those villagers to hold you
underwater in a rice paddy...
Let me go! Let me go!
...until your body was covered
with leeches?
Please answer the question.
Yes.
And aren't you here today solely
to revenge yourself for that humiliation?
-No.
-And isn't it true that you never expected...
...this matter to come before this panel?
You thought you'd get away
with destroying Lt. Tyson's reputation...
...counting on the fact he'd never
come forward in his defense...
...and the Army would never have
enough evidence to prosecute.
-This is outrageous speechifying.
-Sustained.
-Mr. Runnells.
-Dr. Brandt, who was the first soldier...
...to begin firing into the hospital
emergency room itself?
-l'm not sure.
-Nobody expects you to recall...
...every specific moment
after so many years.
Yet your testimony places Lieutenant Tyson
on the same spot throughout.
According to you,
he just stood there the whole time.
-Yes.
-And you also stood there...
-...and did nothing.
-Yes.
You testified that Lieutenant Tyson
shot Larry Cane.
You told Major Harper Larry Cane was
killed by snipers outside the courtyard.
-l believe l've answered that.
-Of course.
You wanted to protect Larry Cane's family,
Larry Cane's reputation.
You didn't want to defame
an innocent man.
Your Honor....
l have no further questions.
This hearing is adjourned
till tomorrow morning.
There's five jurors on that panel.
We need three votes for acquittal,
and l know l've got two.
When my summation's over...
...l'm gonna get me that third.
l'm not gonna ask you why you chose
to protect those men all these years...
...because l don't think that l'll ever
really be able to understand that.
But l do need to know...
...why you never confided in me.
l've been living with this my whole life.
l just didn't want you
to have to live with it too.
Major Harper.
Your Honor, there's been
an unusual development.
-May l approach?
-Come on up here.
Mr. Runnells.
Your Honor, we have located
an eyewitness...
...a woman of unimpeachable character
who was at Misericorde during the incident.
-What the hell are you talking about?
-Sister Teresa.
The French government and the Vatican
helped locate her.
l got a call yesterday afternoon.
She arrived by plane just three hours ago.
-Do you have any idea what she'll say?
-l assume the truth, Your Honor.
Mr. Runnells?
l have no problem with that witness
at this time.
Bring her in.
Remember me, Sister?
Now, you keep your mouth shut.
-Don't say a word, or l'll find you--
-Detonq, stand down!
l don't take orders from you anymore!
And the Army can kiss my ass!
You gave your word, Ty.
You gave your word!
You gave your word!
Your Honor, there's no reason
for this woman to testify.
You're out of order.
You do not want this
on the public record.
You have had ample opportunity
to resolve this, lieutenant.
Now, damn it, we're going to hear
what this woman has to say.
Sit down!
-Major.
-State your full name, please.
Sister Teresa Maria Carpentire.
-And your occupation.
-l do missionary work...
...in Bhopal, Madhya Pradesh, lndia.
Are you aware of the circumstances
of this trial...
...and the charges against the defendant,
Benjamin Tyson?
Yes, l am.
Sister Teresa, were you present
at the international hospital at Misericorde...
...when a U.S. platoon approached
from the direction of the town square?
l was.
And can you tell us as clearly
as you can recall after so many years...
...what was experienced on that day?
l was on the veranda when l heard a shot.
Peterson!
Come on, give me a hand!
Come on, you hear me?
-Go, go, go!
-Come on, Petey.
Cover the outside!
-Please.
-Let her go.
Nobody move!
Down, everybody!
-He's bleeding to death, lieutenant!
-Doctor, l've got an injured man.
-Come on!
-This is my surgery.
What the hell are you doing?
Come on!
Come on, don't die on me, man.
Hey, you know who's coming?
Bob Hope and Elke Sommer. You love her,
don't you? Come on, Peterson!
-Get to work, froggy!
-Let him alone.
-This is an enemy!
-Doctor, get over here!
-You gotta help my friend!
-Put your weapons down.
This is an international hospital...
...and l decide who's seen here
and in what order.
Die!
Get out of here.
Cane, put the gun down, now.
Cane! Oh, my God, Cane.
What the...?
He's dead.
Lower your weapons and
place yourselves under arrest.
Kelly, call battalion.
Try it, boy.
-Do him, man.
-Go ahead. Try it.
Do him! Kill--
Waste them all!
One final question, Sister Teresa.
Do you credit Lieutenant Tyson
with saving your life?
Yes, l do.
No more questions.
Thank you.
Mr. Runnells?
l have nothing, Your Honor.
Thank you, Sister. You can step down.
Do you have any statement you'd like
to make before this court renders a verdict?
-No.
-All right, this is going to stop, now!
You have frustrated this court
at every turn...
...and l demand to know why.
l believed...
...then...
...as l believe now...
...about what's happening here...
...that...
...my coming forward...
...nothing good...
...would come to this country...
...to the Army...
...or to those soldiers.
You account for your conduct in '72...
...but you maintain a recalcitrance
at your defense today.
More importantly...
...you continue to shelter your men.
Why?
l don't pass judgment on my men.
They didn't want to go to Vietnam.
They were ordered to go to Vietnam.
They didn't want to be there.
They didn't believe in that war.
But they went.
That's nonresponsive, lieutenant.
l want to know why you manipulated
the Army into giving these men immunity.
lmagine...
...being asked...
...to measure men's souls...
...to decide their legacy...
...because of one day...
...if on that day...
...they went mad...
...and in their madness...
...committed...
...a terrible, terrible crime
against humanity...
...against innocent people.
But on every other day...
...they were fine men...
...who in the middle of complete insanity...
...fought with decency...
...and honor, not for themselves...
...but for this country...
...sacrificed their lives for this country...
...went home in body bags
for this country...
...lost their minds...
...for this country.
My word of honor...
...is not an oath of silence.
lt's an oath to defend my country
and to protect my men...
...and to take full responsibility...
...for what happened...
...for my role in what happened.
l should have stopped the massacre...
...or died trying.
And l bear full responsibility...
...for that tragedy.
l bear full responsibility for that tragedy.
And the shame...
...that l carry....
No one on this panel...
...could possibly comprehend.
Your closing statement has been noted.
This panel will recess.
Well...
...can't make a run for it.
Too many MPs.
You know l cheated on that test, right?
Yeah.
And l lied to you about it.
l'm sorry.
l know.
They have a verdict.
Lieutenant, please rise.
Lieutenant Benjamin Tyson,
as president of this court...
...it is my duty to inform you
that the court, in closed session...
...in full and open discussion,
and upon secret written ballot...
...all of the members concurring...
...we find you guilty of the murder
of Lawrence Albert Cane.
lt is further our determination
that you be sentenced...
...to forfeit all pay and allowances due you.
You are hereby dismissed
from the Army of the United States.
Oh, God.
Well....
Oh, my God.
[ENGLlSH]