Juror Rejudges The Trial (eBook)

Lying about the Numbers

October 23, 1984

It’s a gorgeous sixty degrees today. We went to the South Street Seaport for lunch. The best part of jury duty is having long lunch breaks in the city with loads of restaurants to try.

I only get thirty minutes for lunch in the teacher’s room at school.

The walk to and from the seaport felt great, my legs needed to walk fast and hard.

We spent the first hour watching videos of the uncut tapes of interviews with Colonel Gains Hawkins this morning. After a half hour of taking notes, I realized he was saying the same things, so I just sat and listened. I liked the Colonel, he seemed like a feeling person with a nice, soft, yet direct way about him. He had an interesting face. The way the camera framed it in the interview fascinated me. His face was dominated by a pair of dark-rimmed glasses. He had a delicate nose with a thin line sliced from its end to his thin lips, and the line continued at the top of his nose halfway up his forehead. He had two pronounced smile lines that fell down into his jowls and two identical lines falling from the corners of his mouth. With that vast forehead for lack of hair, I couldn’t resist it anymore—I started to sketch him alongside my notes. Occasionally, the video offered an interesting fact that I jotted down, but in the mean time I had fun.

The first two rows of the courtroom are filled with artists, looking at all of us with binoculars tied to their heads. I wondered if any of them had been as fascinated with Gaines Hawkins face as I was. Under different circumstances I would have been comparing sketches with them.

I was delighted to hear the defense attorney tell us that the colonel had been subpoenaed to be a witness, and we would see him later in the trial.

At one point, Hawkins took the figures to General Westmoreland and told us his reaction. He never said to change anything, he said go back and take another look. We all knew what that meant. General Davidson was called to the stand. Davidson looked like a hawk—long neck, bald head, hard eyes, determined mouth, and glasses to accentuate the picture. Though he looked the part, spoke with authority and commanded attention, he was nervous. He kept asking questions to be repeated. He asked the judge more than once if he was allowed to say certain things, not sure if they were classified.

There’s someone in the audience that has to be secret service that gives signals, I haven’t figured out who yet…. But after a pause…witnesses appear to be comfortable to talk.

I feel like I’m living in a detective movie. Now I have to spend time analyzing the spectators to capture that secret person.

Davidson asked to be excused early. He was tired.

From the testimony we’ve had so far; all anyone did from March 1967 till January of 1968 was…worry about numbers… hide numbers…. lie about numbers!

* * *

Davidson was replaced with a video of James Meecham. We were given his backstory. I think my impressions of him are more important here. This is where you! Go on Guts!

Meecham said…There was an overabundance of chiefs, not enough work to go around, people were looking for things to do.

I had that problem when I worked in a San Francisco bank…. We were busy as hell six days a month; the rest of the time there was little to do. Once I resorted to moving file cabinets and renaming some of the files, to give the 20 girls I was supervising some work.

George Crile interviewed Meecham on the video and read aloud some of the letters that he had written to his wife while stationed in Vietnam. He admitted writing the letters but said he was probably under stress at the time! The letters were out of context, probably a written account of that day’s frustrations.

Meecham seemed nervous, anxious to get the interview over. He did admit that Daniel Graham asked him to change the database in the computer, and Meecham refused. He admitted feeling squeamish about doing it and tried to talk Graham out of it. But seeing he was his superior, there wasn’t much that he could do.

Meecham shrugged. “The numbers were inaccurate to begin with so what difference did it make?” Meecham gave his recollection of the Parkins being fired story. Crile asked him if it was dangerous to go in to Morris with higher figures than he wanted?

“No, it was dangerous to go in and yell at Charles Morris!”

Everyone in the courtroom laughed. We had all seen Charles Morris on the stand and could envision how that character would respond to being yelled at.

Other points made today. Any time Danny Graham’s name came up the witness would say Graham could never be wrong! (that’s how Graham thought of himself).

Hawkins discussed a young analyst McCarthy, whom he described as sensitive, and honest and hardworking. He told Hawkins about a meeting that he attended, and described as a bunch of rug merchants selling their wares. They were exchanging numbers like nobody’s business. It was like a card game. He was shaken by the experience. He’d worked hard compiling that info.

Hawkins said he himself was no virgin and tried to console McCarthy.

Meecham described Morris as being for himself. “Someday it may come out as to how we lied about the figures.” Meecham writes to wife.

October 24, 1984

Davidson was allowed to continue his testimony. The Judge lectured us about the witness’s state of mind before he could open his mouth.

“Where did you get the report from? Where did they get the report? What did you think about the report?”

I watched the clock this morning. Twenty-five minutes on one damn question…

Either it was bad form! Or the witness didn’t understand or the opposing attorney didn’t like the way his opponent looked at him! Who the Hell knew?

Davidson had the stand for most of the day. But there were long periods, when the jury was excused from the courtroom. Davidson didn’t look as elderly as he acted. He didn’t look as forgetful as he was trying to appear. He disagreed with what he said ten minutes ago, of what he said last night in a deposition.

“How many people were killed, Forty-five thousand, Sir? Is there a formula for wounded?” “Yes, one-point-five wounded to everyone killed.” “That’s then 67,500 wounded plus killed equals 112,500!”

“OH, some people are wounded twice and then there were 5,000 civilians killed, and oh, the political cadre brings the number!”

I stopped taking notes. You have to just watch and listen and try not to yawn. Davidson reminded us that it takes six months to get a clear picture. Some infiltrators surface five months later. Today, was a long day. I felt sorry for Davidson. We were told he’d been sick. That’s the only thing that I really believed.

October 25, 1984

Mr. Burt made opening statements; then Boies made his own disagreeing with Dan Burt.

“It felt like a game that I was too tired to follow. I had a feeling today would be a long one.

Colonel Heon was called to the stand. He was short and out of proportion. Big head and shoulders, short arms and legs. He looked like a worker who took orders; did his job without questions. Most of these witnesses are retired but still respected their commanders. Heon’s immediate supervisor was Colonel Caton from last Thursday whom I felt was credible.

Heon had a higher clearance than CICV intelligence reporters and briefed General Westmoreland every day. The area of Khe-Sanh was his main concern in Vietnam. He only reported on the regular North Vietnamese. Not the SD-SSD, etc. They gathered their data from captured documents, CIA reports and POWs.

Heon had only praise for Danny Graham who he claimed was concerned with erroneous Order of Battle figures. Graham wanted to review the OB from CICV, and have his own analysts review it.

Heon told us Adams had contacted him in 1980 saying he was writing a book. He was annoyed that Adams kept asking questions about Graham.

A big, tough looking man appeared in court. He’s here when certain witnesses with a high clearance for classified information are on the stand. He doesn’t take notes or act like an attorney but he goes to the sidebar with them when they confer with the judge.

Our next witness is General George Godding. He is a large trim man with chiseled features and a firm jaw. He’s all business and makes a striking presence with his military stance. The plaintiff’s attorney Mr. Dorsen does the questioning. It’s hard not to fall asleep.

Did Godding bring the OBs to the big meeting in Virginia August 1967 where he was briefing the Higher Ups?

Finally, after several trips to the side bar only certain documents were acceptable as evidence.

Then Boies cross-examined him. It turned out to be the most exciting afternoon to date.

David Boies is becoming stronger as the trial continues. He was relentless in his questioning. The tension in...