GOVERNMENT's CASE

1-CWO/4 Francis ANTON, US Army; POW 06 JAN 67 - MAR 73.

"He lived up in the camp area with the interpreter normally. It was outside the fenced area where the prisoners were..."

"...the first time I saw Robert GARWOOD with a rifle was in the Spring of 1968. It was the first time I ever saw him."

"... GARWOOD did have a clip for the weapon that he carried. He did have bullets in it."

"Robert GARWOOD had a multitude of jobs at the camps. He acted as a guard to some of the prisoners. On other occasions he acted as an interpreter for the commander or anybody that spoke Vietnamese and did not speak English."

"GARWOOD acted as a guard on at least one occasion that I can remember."

"There were occasions when Bob left the camp alone sometimes with a weapon,sometimes without."

"Robert GARWOOD carried a wallet or pouch that he had for his possessions, and he carried a picture of HO CHI MINH in it."

"The whole time I knew PFC GARWOOD, he was not a prisoner." "....The few things that he did to help us were far outweighed by the fact that he lived and worked with them and entered and exited the camp alone."

2 - Mr. Gustav A. MEHRER, US Army; POW FEB 70 - MAR 73.

"GARWOOD and three other guards were in charge of bringing me in."

"He had pajamas, a pith helmet, pack, one carbine and a pistol belt. On the pistol belt he had two or three Chinese Communist hand grenades, some type of first aid kit, and a pistol belt which appeared to have a weapon in it."

"He taught me Vietnamese terminology." " ...He also taught me portions of the anthem of the National Liberation Front."

"...he regretted having committed crimes against the Vietnamese people."

"He said his work was very rewarding and that he said his work at that time was broadcasting to active duty personnel at installations.... GARWOOD used an electronic megaphone to make the broadcasts."

"He explained near ambushes, near captures, and that he managed to avert capture by American forces." "...He said he was involved in some combative actions against US forces..."

"He had some sort of intimate relationship with a Montagnard female." "...GARWOOD showed me a photograph of her that he had in his billfold."

"...GARWOOD had the Vietnamese name 'Nguyen Chin Dau' which stands for 'son of the Freedom Fighters'."

3 - SFC Isaiah McMILLIAN, US Army; POW 11 MAR 68 - 16 MAR 73.

"... he had on a green or gray Khaki NVA uniform... he wore a red and gold pin - a red background with a gold head on it. 'Ho Chi Minh'"

"I saw PFC GARWOOD with a weapon. ... he was participating as one of the guards. At this time GARWOOD was armed."

" To the best of my knowledge PFC GARWOOD also interrogated prisoners of war."

"... he did not live with the prisoners of war - he lived with the guards."

" PFC GARWOOD informed the enemy about things that the POW's were doing."

"...I attended mandatory Indoctrination classes. ... PFC GARWOOD was in charge of a group."

"...GARWOOD sucker punched HARKER in the ribs."

"'His' physical condition was better than that of the POWs living at the compound."

"PFC GARWOOD aided the enemy by acting as interpreter, collaborator, guard... He was also an interrogator."

4 - SFC Robert LEWIS, III, US Army; POW 07 JAN 68 - MAR 73.

"... He shared a hootch with an interpreter outside of our compound."

"GARWOOD dressed in a Liberation Fighter's uniform...I saw Robert GARWOOD carry a weapon. The first time was in March 1968, when he had an AK-47 and was escorting MCMILLAN and DAVIS into the camp with the other guards."

"GARWOOD, with the interpreters would interrogate us for means of escape. .... These sessions were not optional on our part..."

"...there was a celebration one night outside our compound which I heard. We heard them singing and a speech being given. The next day Robert GARWOOD came down to the compound and said they had a ceremony for him."

"I heard GARWOOD telling Russell GRISSETT that he was out making broadcasts to a certain compound. That he was encouraging Americans to throw down their arms and not participate in the Vietnam War."

"GARWOOD denounced him 'POW WILLIAMS' and made a statement that he 'WILLIAMS' was in the military to draw a retirement; blood money made off the Vietnamese people."

"GARWOOD wore a 'red and gold' Ho Chi Minh pin on the left hand side of his uniform.""...none of the prisoners had wrist watches or nail clippers. GARWOOD had both."

"It was made known to us that PFC GARWOOD was to be treated with the same amount of respect as we showed the other members of the cadre... I do not, at this time, know of anyone who violated that rule."

5 - SSG Willie A. WATKINS, US Army; POW 09 JAN 68 - NOV 69.

"He also wore a cartridge belt with a couple of grenades in it. ... At that time PFC GARWOOD was carrying a weapon."

"To the best of my knowledge PFC GARWOOD was leading the other group of prisoners. There were two other NVA guards. They were following behind GARWOOD. "

"PFC GARWOOD was received warmly by shaking hands and embracing with the two guards that were with me. ... camp personnel greeted GARWOOD with embraces, talking and hand shaking...The camp personnel I'm speaking of were the camp commander, interpreters and some females."

"... PFC GARWOOD interrogated American prisoners of war. ... I was told to report to PFC GARWOOD, who was sitting behind a desk. I was sitting in front of him and he began to ask questions... He had a note pad in front of him."

"PFC GARWOOD took an active role in the indoctrination of the prisoners of war. PFC GARWOOD was there sitting on the board with the rest of the cadre while we were being indoctrinated."

"PFC GARWOOD stated to me... that he was attacked once by an American gunship which was shot down and evidently the soldiers he was with killed the pilot of the aircraft and took his helmet."

"... I saw PFC GARWOOD standing guard duty, he had a rifle at that time. 'he' ate his meals with the guards and other members of the camp, but not with the POWs."

"There was more than one occasion where he interrogated me. He interrogated me from the beginning to end of one session by himself, without the presence of the cadre."

6 - LTC John A. STUDDS, USMC, Naval War College;

"I was Robert R. GARWOOD's commanding officer. ... He did not have authority to be absent. He had neither leave nor liberty."

"There was a search for him conducted in the battalion area as well as in the Danang area, but without success. ... At that time, there was no liberty permitted in Danang after sunset."

"... I listed an opinion that he was missing and therefore opted to give him the benefit of the doubt."

7- Mr. Charles J. BUTCHA, Battalion Motor Transport Officer, USMC;

"He left the motor pool in the vehicle that he was assigned and did not return. The staff section that PFC GARWOOD was working was called... and the information I received was that he had never reported there the night before. Further, that he had NOT been out on a mission and had not returned to the motor pool."

"The information that I received was that he had not been on an assigned run that night for whatever general staff he was working for."

8- Luis Antonio ORTIZ-RIVERA, US Army; POW 27 DEC 66 - JAN 68.

"In MAY 1967, there was a liberation ceremony in the camp for PFC GARWOOD. ... After the speeches, there was food. We were given meat, which was something we never had. After the ceremony PFC GARWOOD began living with the guards. He would tell us to do everything the Viet Cong told us to do."

"I do not know of any conditions or limitations on the liberation of PFC GARWOOD."

"After our ceremonies we left the camp. PFC GARWOOD did not leave after his ceremony. He stayed in the camp, but he stayed in the area where the guards were."

"The ceremony of liberation represented the symbolic end of a person's POW status."

9 - Mr. David N. HARKER, US Army; POW 08 JAN 68 - 05 MAR 73.

"He had a pistol belt... he was wearing a tan uniform and a liberation hat... "

"When PFC GARWOOD walked into the camp he was walking by himself."

"PFC GARWOOD would absent himself from the camp for short durations, long durations. He would come and go."

"He enjoyed a different status; he lived with our captors. ... At one time he was given a new uniform - a green one similar to the one worn by the North Vietnamese Regular troops similar to the ones that a lot of the camp personnel had."

"I saw PFC GARWOOD carrying a weapon. It was an AK-47. ... He told us that he had gone off with the guards somewhere to fire it. He said that he fired a clip and that it was a very good weapon."

"The day I saw PFC GARWOOD with a weapon he acted as a guard for other Americans."

"As far as we were concerned PFC GARWOOD was always in a position of authority."

"About that time Bob came walking into the camp. ... PFC GARWOOD struck me with the back of his fist in about the middle of the rib-cage..."

"... PORT called him a 'Damn Traitor'. ... Bob ignored the comment... PORT later died."

"To me it's rather bizarre to betray the confidences of fellow prisoners and your country in duties that they have assigned to you and not act with honor."

"PFC GARWOOD at no time indicated to me that he was being forced to do those things by his captors. ... He seemed to enjoy his work. ... He was emotional; they would welcome him with open arms."

10 - CPT Dennis M. STORM, USMC, HQ & SVCE Co., First Marine Brigade;

"I was a platoon commander with the 2nd Battalion, 5th Marines out of An Hoi, combat base, and later the Intelligence and Civil Affairs Officer for 2nd Battalion, 5th Marines."

"I had the occasion to hear messages broadcasted directly to our position. I can recall 5 or 6 different broadcasts."

"... the broadcasts had a definite knowledge of us and the infantry at that time. ... came at opportune moments... The one that spoke of the war being unjust from the Congressional Record came immediately following an extensive four day battle. We had taken substantial losses. My platoon had gone from 55 to 11 men in a four day period. I think that had the most effect on my troops. It was very demoralizing because they were referring to the individual - ..."

"The broadcasts were sporadic, but they always appeared at a point where they were poignant. ... In three of the others, I can remember, were to lay down our arms and not to follow orders, not to engage in combat with the people of Vietnam."

"The person making the broadcasts said he was a friend, one who had seen the light."

11 - Mr. John C. GEILL, USMC, Motor Transport Section of Service Company;

2 sworn statements;

"On the last day I saw PFC GARWOOD, I was in Danang with ... at either the Danang Hotel or the Danang USO. We were out drinking. PFC GARWOOD was by himself, in uniform and was driving either a jeep or a mighty mite. ... I recall when he left he said he would meet us back at the tent, as we were in the process of leaving the club. We returned to the tent at the Motor Transport Section. We wondered why he did not return, but were not too concerned. I recall the next morning he was reported missing. I do recognize the statement I made in 1965 about this matter and can only say that the reason I made it was because we were not supposed to be in town at that time and I did not want PFC GARWOOD to get in trouble."

End of Government's Case. Part II will present the Defense Case and the Commanding General, Staff Judge Advocates comments concerning the summary of evidence.