Peers Report: The Omissions And Commissions Of Cpt. Ernest L. Medina

a. He informed the men of C/1-20 Inf that nearly all the civilian residents of the hamlets in Son My Village would be gone to market by 0700, 16 March 1968, and that any who remained would be VC or VC sympathizers. This caused many of the men in C/1-20 Inf to believe that they would find only armed enemy in the hamlets and directly contributed to the killing of noncombatants which followed.

b. He planned, ordered, and supervised the execution by his company of an unlawful operation against inhabited hamlets in Son My , Village which included the destruction of houses by burning, killing of livestock, and the destruction of crops and other foodstuffs, and the closing of wells; and impliedly directed the killing of any persons found there.

c. There is evidence that he possibly killed as many as three noncombatants in My Lai (4).

d. He probably conspired with LTC Barker and others to suppress information concerning the killing of noncombatants during the Son My operation.

e. He actively suppressed information concerning the killing of noncombatants in Son My Village on 16 March 1968 by:

(1) Telling the men of C/1-20 Inf not to talk about what happened in Son My Village on 16 March.

(2) Advising at least one member of his company not to write to his Congressman.

(3) Giving false reports as to the number of noncom killed by the men of C/1-20 Inf and the cause of death.

f. He failed to report the killings in and around My Lai (4) as a possible war crime as required by MACV Directive -4.

g. If he in fact believed that 20-28 civilians had been killed in My Lai (4) by artillery or gunship fire, he failed request an artillery incident investigation.

h. He obstructed an inquiry into the killing of civilians in My Lai (4) by objecting to orders to return C/1-20 Inf to the hamlet for that purpose.

i. He failed to prevent the killing of VC suspects by the RVN National Police on 16 March 1968 and subsequently failed to report these killings as required in MACV Directive 20-4.

j. He personally mistreated a VC suspect during an examination on 17 March 1968 by striking him on the head and repeatedly firing an M-16 close to the prisoner's head to induce him to talk.

k. He failed to determine the cause of death of the 24 people whose bodies he admitted seeing on the trail leading south from My Lai (4).

l. He gave false testimony before this Inquiry in a manner calculated to be misleading when he stated that:

(1) He d id not see any bodies or wounded as he moved within My Lai (4) .

(2) Only 20 to 28 civilians were killed by C/1-20 Inf in and around My Lai (4) on 16 March 1968.

(3) He questioned his platoon leaders about killing of civilians in My Lai (4).

PEERS REPORT