PFC James Johnson, Pvt. David Samas, and Pvt. Dennis Mora, three antiwar GIs court-martialed two months ago refusing to go to Vietnam have been transferred from Ft. Meade, Md., to the federal military prison at Fort Leavenworth, Kansas.
The transfers came after Lt. General William F. Train, First U.S. Army Commanding General, had on November 7 reviewed the court-martials and refused to alter the convictions or the sentences. The court-martials had sentenced Pvt. Mora to three years imprisonment at hard labor, PFC Johnson and Pvt. Samas to 5 years at hard labor. All three were given dishonorable discharges, reduction to the lowest enlisted grade, and forfeiture of all pay and allowances.
The Fort Hood Three Defense Committee, which is based’ in New York and has received considerable nationwide support, reiterated its determination to appeal the convictions and to carry on its fight to free the three men. The Committee urgently needs contributions to pay for legal expenses. Funds should be sent to the Committee at 5 Beekman St., 10th Floor, NYC 10038.
The Committee stated that Stanley Faulkner, civilian counsel for the three soldiers, would appeal immediately to the Board of Military Review for a complete reversal of the convictions. If this request is turned down, Mr. Faulkner will then take the case into the Court of Military Appeals, a military court composed of civilians.
Mr. Faulkner stated in an interview yesterday that “since the military courts have refused to consider, or even to hear for one moment, the constitutional issues upon which the defense is based—that the war in Vietnam is illegal because it violates the Kellogg-Briand Pact, the Nuremburg charter, the Geneva accords, the U.N. Charter, the SEATO agreements, and the U.S. Constitution—I intend to appeal the case if necessary to the U.S. Supreme Court.”
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