27 July 2008

Righting old wrongs

The Los Angeles Times has the story of the vindication of 28 black soldiers convicted in 1944 of a lynching (now ain't that a turnabout?) and riot after an Italian POW was discovered 'dangling from a wire'. "The subsequent trial of the three men, along with 40 other black enlistees charged with rioting, became the largest and longest Army court-martial of the war, and the only recorded instance in U.S. history in which black men stood trial for a mob lynching. By the time it was over, 28 men had been convicted on rioting charges and two of them were also found guilty of manslaughter in connection with the 1944 hanging. Despite their protests of innocence -- and the government's own secret investigation showing the prosecution's case was poisonously flawed -- the men were sentenced to hard labor and forfeiture of military pay and benefits, and were given dishonorable discharges... Twenty-six of the men went to their graves with the stain of wartime dishonor still on their records. It wasn't until Saturday, in a low-key ceremony on a wide lawn at the Army base in Seattle, that history switched gears. A senior Army official handed out certificates setting aside the convictions and converting the discharges to honorable status, in recognition -- 64 years after the fact -- that prosecutors' 'egregious error' had resulted in a trial that was 'fundamentally unfair'... The case of the Ft. Lawton 28 had been little known in recent years, though the court-martial in 1944 was widely covered in the news at the time. It wasn't until former television journalist Jack Hamann came upon the Italian soldier's grave in 1986 and began years of research that archival material was uncovered, demonstrating fatal flaws in the government's case -- and pointing to the likelihood that the Italian prisoner was killed by a white man... Immediately after the lynching, the Army inspector general had conducted an exhaustive investigation that raised major questions about the evidence against the accused... But the Army had appointed only two defense lawyers to handle all 43 men, giving them 10 days to prepare their case, and they were not permitted to see the report. The prosecutor was Colonel Leon Jaworski, who in 1973 became the special prosecutor in the Watergate case involving the administration of President Nixon. "Jaworski disingenuously -- and, it's clear now, illegally and unethically -- said, 'Sorry, that's not what you think it is, and you can't have it.' He fought, and got the court to agree not to let it in," Hamann said in an interview. Jaworski died in 1982."

Rico says great, now Nixon's going to want to reopen his case...

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