Saturday, July 3, 2004 Back The Halifax Herald Limited

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Mother fears U.S. pilot will get away with 'murder'
'He murdered those boys and there should be some kind of punishment'
By The Canadian Press

No matter what penalty is imposed on the American pilot who killed four Canadian soldiers and wounded another when he dropped a bomb in Afghanistan, Doreen Coolen is convinced the punishment will be insufficient for what she feels is murder.

Coolen's son, Pte. Richard Green, was one of the men killed on April 18, 2002. She said Harry Schmidt's decision to drop the bomb that fateful night was not a so-called "friendly fire" incident - it was murder, plain and simple.

"To go out and murder these people and walk away - I say murder because in my opinion that's exactly what he did," Coolen said Friday from her home in Hubbards.

"He murdered those boys, and there should be some kind of punishment."

Last week the American military dismissed dereliction-of-duty charges against Schmidt.

He was originally charged with manslaughter and aggravated assault for dropping a laser-guided bomb from his fighter jet onto Canadian soldiers who were conducting live-fire exercise near Kandahar.

The troops were members of the Edmonton-based Princess Patricia's Canadian Light Infantry.

Schmidt has said since that he released the bomb because he mistook the Canadians' gunfire for an attack from Taliban soldiers.

A military investigation found that Schmidt should have flown out of the area.

Coolen, who laid a wreath during Remembrance Day ceremonies in Ottawa in 2002 on behalf of all Canadian mothers who have lost loved ones in military conflicts, doesn't expect much will happen to Schmidt now.

"The writing's on the wall," she said. "Probably a little tap on the hand. 'Bad boy. Go home with your children.' (That's) something I'll never be able to do. I'll never have my child come home to me."

The soldiers killed along with Green were Sgt. Marc Leger, Cpl. Ainsworth Dyer and Pte. Nathan Smith of Ostrea Lake.

Mary-Anne Perry's son, Canadian Cpl. Brett Perry, was among the eight soldiers who were injured in the incident. She said her heart sank when the United States dismissed the criminal charges.

Now, after Schmidt's appearance Thursday before an administrative justice hearing in Louisiana, Perry must wait a little longer to see whether justice will be served.

"We need a little bit of peace," she said from her Winnipeg home Friday.

"It's the same gut feeling that we've had throughout the two years. It just brings back all the emotions - in fact, the whole incident. I would like justice to be done. I would like some kind of closure on it. It is something that will never be forgotten. Ever."

American Lt.-Gen. Bruce Carlson will decide what punishment Schmidt will face. He could impose everything from house arrest to a fine of $7,500 Cdn.

Or he could rule that Schmidt will not receive any punishment at all.

Coolen said while justice must be served, nothing the authorities could impose will assuage the feelings of rage and sadness she still feels.

Schmidt's lawyer, Charles Gittins, said he doesn't expect a quick decision from the general.

Survivors of the bombing and the families of the victims should blame the military system that didn't inform pilots there was a live-fire exercise going on in a combat area, he said.

"The friendly guys who were flying airplanes weren't told that the friendly guys on the ground shooting guns were doing what they were doing," Gittins said from Virginia.

If the ruling goes against Schmidt, Gittins said there is an opportunity to appeal.

In the meantime, Coolen, the survivors and the relatives of other Canadians killed or injured by the bombing must continue to wait.

"It's harder for me every day," she said.

http://www.herald.ns.ca/stories/2004/07/03/f353.raw.html

U.S. Pilot Fined for Killing Canadian Soldiers

By Jeff Franks

HOUSTON (Reuters) - A U.S. Air Force pilot drew a sharp reprimand and a fine on Tuesday, but no confinement for mistakenly killing four Canadian soldiers in a 2002 bombing raid in southern Afghanistan (news - web sites).


Following a hearing last week, F-16 fighter pilot Maj. Harry Schmidt was found guilty of dereliction of duty and ordered to forfeit $5,672 in pay, the Air Force said.


"You acted shamefully on April 17, 2002 over Tarnak Farms, Afghanistan, exhibiting arrogance and a lack of flight discipline," Lt. Gen. Bruce Carlson, 8th Air Force Commander at Barksdale Air Force Base in Louisiana, said in a written reprimand.


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


Schmidt, 38, could have been confined to quarters for up to 30 days or limited in his movements for up to 60 days for the offense.


His lawyer, Charles Gittins, said in an e-mail Schmidt was "contemplating" an appeal of Carlson's findings.


"We ... are shocked by the fact that General Carlson found Harry guilty of an offense of which he was never charged: the unpremeditated murder of the four Canadians," he said.


He blamed poor leadership for the deaths and said the Air Force, by punishing Schmidt, had "protected the criminal negligence of its general officer corps."


Schmidt said in a hearing last year that he dropped a 500-pound (225 kilo) bomb on the Canadians because he thought their night-time anti-tank maneuver was enemy fire. No one had informed him that military practice sessions would be held that night, he said.


Despite instructions to hold fire, Schmidt told air controllers and flight leader Maj. William Umbach, flying in a separate F-16, he was "rolling in, in self defense" and dropped the bomb.


Four Canadians in Princess Patricia's Canadian Light Infantry unit died and eight were wounded in the incident that strained U.S.-Canadian relations.


"You used the inherent right of self-defense to wage your own war," Carlson charged in the reprimand.


Schmidt and Umbach apologized last year but blamed the "fog of war" and the Air Force's practice of giving pilots amphetamines to stay alert.


Schmidt's punishment came after a nonjudicial hearing before Carlson on July 1. He had previously insisted on a full-blown military trial, but dropped the demand in June.


Originally, he was charged with manslaughter and aggravated assault, but the charges were reduced to dereliction of duty.


Umbach accepted in June 2003 a letter of reprimand and was allowed to retire.


Schmidt has until July 12 to appeal Carlson's decision, an Air Force spokeswoman said.


He is a pilot in the Illinois Air National Guard, but has agreed to accept a nonflying position and will no longer be permitted to fly Air Force aircraft, she said.

http://story.news.yahoo.com/news?tmpl=story&cid=586&e=3&u=/nm/20040706/wl_nm/canada_usa_bombing_dc

Thursday, July 8, 2004 Back The Halifax Herald Limited

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File
Maj. Harry Schmidt killed four Canadian soldiers and injured eight in 2002.

Schmidt to appeal conviction
Pilot challenging reprimand for dereliction of duty
By JOHN COTTER / The Canadian Press

A U.S. fighter pilot whose bomb killed four Canadian soldiers in Afghanistan has told his lawyer to appeal a dereliction of duty conviction.

Charles Gittins said his client, Maj. Harry Schmidt, was in good spirits after a morning round of golf Wednesday, despite a severe reprimand handed down by a U.S. air force general that found the pilot acted shamefully in the April 17, 2002, bombing.

"He just told me to do it. He had just played golf," Gittins said from Virginia. "We can't let this affront to reason that the U.S. air force has passed off as fact go unchallenged."

An appeal of the ruling will be filed by Monday's deadline, Gittins said.

"The general (Bruce Carlson) acted arbitrarily and capriciously and we believe he acted on evidence outside the record."

Schmidt was not available for an interview. Gittins said his client's comments about the reprimand "could not be printed in a family newspaper."

The attack killed two Nova Scotians - Pte. Ricky Green of Mill Cove and Pte. Nathan Smith of Ostrea Lake, and Cpl. Ainsworth Dyer and Sgt. Marc Leger. The four were the first Canadians to die in combat since the Korean War.

Green's stepfather Arthur Coolen was disappointed that Schmidt will appeal, but not surprised.

"I think the general did well," he said Wednesday. "I didn't expect him even to bring a decision for months, the way it's been playing out. Now poor Schmidt, now he's going to play along a little bit more.

"I can see him doing it, in a way. I mean, he went this far and he's been winning all along. Now he just wants a total walkout."

Leger's widow, Marley Leger, was also disappointed but not surprised.

"It just reiterates the fact that he (Schmidt) doesn't feel any remorse and just continues to drag this on," she said in Edmonton.

She hopes the U.S. military will deal with the appeal quickly so she can get on with her life.

"It has been a long haul and I am quite emotionally drained. I just need to be with my family."

Sgt. Lorne Ford, who lost an eye and suffered other wounds from the bombing, has not often agreed to talk about what happened, but he spoke Wednesday to say he was also upset at word of the appeal.

"It doesn't surprise me the little weasel is going to try to get out of it again," Ford told CFRN-TV in Edmonton.

Ford said he was pleased with the strong language of the reprimand, but wasn't sure it would have an effect on Schmidt.

"I hope somebody reads the reprimand word for word to that remorseless p - - - k because I don't think he would read it. I think he would just shove it aside and he doesn't care," Ford said.

"I felt that as soon as I walked into the courthouse that first day and I saw him. He had a smug look on his face and all the families picked up on that."

People in Schmidt's community have rallied around him and helped raise $220,000 US for the pilot's legal defence fund, said John Russo, spokesman for VFW post 10302, a private veterans organization.

Russo said Schmidt's parents are planning another fundraiser this fall.

"People feel this should have never gone as far as it did," Russo said. "Nobody's downplaying what happened to the Canadians. It was an accident of war. This guy is probably one of the best pilots in the country.

"We all feel it is a political thing."

Under the U.S. military justice system, an appeal may be filed on any aspect of a reprimand, including dereliction of duty, said Col. Bob Kuster, chief of the military law division at U.S. Air Combat Command in Langley, Va.

Schmidt's written appeal must be filed through Carlson, but it will be judged by his superior officer, Gen. Hal Hornburg, Kuster said.

"The member who chooses to appeal is free to write up the reasons why he believes the punishment is unjust, or disproportionate to the offences," Kuster said.

Hornburg could overturn the reprimand, amend it or dismiss the appeal, he added.

Schmidt was also ordered to forfeit $5,672 US in pay.

Schmidt has blamed the bombing on "the fog of war," saying he mistook the Canadian gunfire for an attack from Taliban fighters.

The pilot said superiors never told him the Canadians would be conducting live-fire exercises near Kandahar airport that night.

Schmidt was originally charged with manslaughter and aggravated assault, which could have resulted in a jail term, but the charges were reduced to dereliction of duty.

Two weeks ago the charges were shifted out of the air force's criminal court. The new sentencing options did not include prison.

Schmidt remains employed by the Illinois Air National Guard but has agreed never to fly air force jets again.

He transferred to the National Guard in 2000 after a decorated career as a U.S. navy pilot and an instructor at the navy's "Top Gun" fighter pilot school.

http://www.herald.ns.ca/stories/2004/07/08/f287.raw.html

Monday, July 12, 2004 Back The Halifax Herald Limited

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U.S. military lets pilots like Schmidt fly above law

By SCOTT TAYLOR / On Target

IN THE IMMEDIATE aftermath of the April 18, 2002, tragedy in Afghanistan that claimed the lives of four Canadian soldiers, the U.S. pilot responsible for the bombing had requested anonymity, but claimed through air force spokespersons that he had "fired in self-defence."

Picking up on this angle, many American media reports noted that "Canadian soldiers are inexperienced," and that "Canada has not been involved in a war since Korea."

The phrase "friendly fire" was used to describe the incident and military experts began tub-thumping about how the fog of war makes such battlefield accidents inevitable.

Even U.S. President George W. Bush seemed perturbed and petulant when asked by a reporter whether he was going to apologize on behalf of the U.S. Air Force to the families of the victims. Claiming that he had already placed a phone call to then Prime Minister Jean Chretien, Bush angrily dismissed the question. American pundits jumped in to defend Bush's callousness and actually accused Canada of politicizing the whole incident by establishing a Board of Inquiry to investigate the incident.

Former Canadian Chief of Defence Staff Maurice Baril was brought in to head the high-profile probe - at the princely sum of $100,000 for 90 days work. Although the U.S. military promised full co-operation, Baril's team never even managed to learn the identity of the pilot responsible. However, even from the circumstantial evidence available, it was abundantly clear that this case involved neither self-defence nor friendly fire.

At the time of the incident, the Canadian troops on the ground were conducting a live-fire training exercise in a safe zone close to the U.S. airbase in Kandahar. Our soldiers were not equipped with anti-aircraft weapons and they certainly were not shooting at the sound of jets; there were no enemy troops present and no request was made for an air strike. The U.S. pilot was flying at about 7,000 metres at 700 kilometres an hour when he saw tracer fire below. Although he was told to "stand by" and "hold fire," the American airman instead reported that he was "under attack" and launched his deadly ordnance.

When the Canadian Board of Inquiry and a parallel U.S. investigation released their findings (both found the pilot responsible), the identity of this individual was still being protected by the U.S. Air Force. His name was only revealed after diligent groundwork by a Canadian reporter canvassing the Illinois Air National Guard Squadron's home base.

Only after Maj. Harry "Psycho" Schmidt had been named in the media did he offer his regrets and remorse - through his lawyer - to the families of the men he had killed.

What Schmidt would not accept, however, was responsibility for his actions. For nearly two years, Schmidt and his lawyer Charles Gittens fought a legal dogfight of innocence. Staving off criminal charges of manslaughter and opting out of a court martial, Gittens ensured that when Schmidt's day of reckoning finally came, it would be before a behind-closed-doors non-judicial command hearing, that had very limited powers of punishment.

Throughout his lengthy defence, Schmidt portrayed himself as the "scapegoat" in this whole affair. Blaming the air force for its acceptance of amphetamine use among fighter pilots, Schmidt also claimed to have "classified evidence" that would clear him.

As it turned out, Lt.-Gen Bruce Carlson, the presiding officer at Schmidt's trial, didn't buy into any of that nonsense. Instead, Carlson condemned Schmidt in the harshest of terms, calling him "arrogant" and "rash". Citing his "lack of flight discipline," Carlson ruled that Schmidt had "blatantly disobeyed the direction to hold fire" and, instead, had "used the inherent right to self-defence as an excuse to wage his] own war."

Noting that his "wilful misconduct" had "directly caused the most egregious consequences imaginable, the death of four coalition soldiers," the general also cited Schmidt's "lack of integrity in not taking responsibility for his actions" and trying to blame others. "You had the right to remain silent, but not the right to lie" reads the official reprimand.

However, despite receiving this stinging criticism and a bruised ego, Harry "Psycho" Schmidt remains a major in the Air National Guard and will be docked only two months half-pay as punishment. Given that this fine is assessed from his pre-tax deducted gross salary, and that the Air National Guard is only a part-time job for him, Schmidt will barely feel the economic impact.

As for accepting responsibility, Schmidt has already stated his intention to appeal the ruling.

In his final statement, Carlson claimed that "the final casualty of the engagement over Kandahar on 17 April, 2002, was (Schmidt's) integrity."

Unfortunately, by failing to mete out justice in this case, the U.S. Air Force has sorely undermined its own integrity. If U.S. pilots will not be held accountable even in such cases of clearly definable "wilful misconduct," then they have seemingly been placed above all laws.

http://www.herald.ns.ca/stories/2004/07/12/fOpinion103.raw.html

I totally agree with the author. Having said that I have to wonder why Canada (and the U.S, and Switzerland) has let those responsible for swissair 111 off the hook? Surely they've read the Gary Stoller articles about the people involved and their extremely irresponsible actions(investment people for the IFEN, the attempted bribery to get it approved, etc. ad nauseum). In the case of sr111 the perpetrators callously pushed the entertainment system through the approval process knowing that it was dangerous, in the name of greed. As a result of their actions, 229 people are dead. Nothing just about that. Instead of going after the perpetrators of this tragic crime, the RCMP chose to go after beanspiller, the poster who enligtened the families of sr111 as to what happened to their loved ones. That's just crazy. Now those responsible are out there still working in the industry. Now that is a very scary thought.

This pilot IMHO should be punished, but certainly those responsible for sr111 should be also. There is simply no excuse in either case.

This message has been edited. Last edited by: BF,

"He is a pilot in the Illinois Air National Guard, but has agreed to accept a nonflying position and will no longer be permitted to fly Air Force aircraft, she said."

Well here is a big difference. This pilot has been banned from flying for using very poor judgement whereas those involved in causing the sr111 tragedy are still allowed to start up new companies or work in the airline industry- and they still are. In my mind one very important reason for people to be punished for doing wrong is to protect society from their wrongdoings in the future. Clearly in the case of sr111 that isn't happening at all.