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Wed, Jul 02, 2003

Major to Face Dereliction-Of-Duty Charges

It's Not Homicide, Manslaughter, or Assault; But It's Serious

Maj. Harry Schmidt, 37, could get six months in prison, if he is convicted of dereliction of duty, charges that remain after a Monday court martial hearing by the Air Force.

Schmidt was flying an F-16, and was one of two pilots who dropped bombs on what the pair thought were hostile troops, in Afghanistan, on April 17, 2002. The troops were Canadians, engaged in an exercise. Four died; another dozen were injured.

Maj. William Umbach, the mission commander, asked for early retirement. He was repremanded and allowed to retire; all charges against him were dropped.

Schmidt says he doesn't think he is guilty, and preferred a court martial -- even on homicide charges, which were a possibility at the time -- to an administrative punishment, where he maintained he couldn't get fair treatment. If convicted of dereliction of duty, he could spend half a year in prison.

Schmidt says he was given no indication that friendlies were conducting exercises in the area where he dropped his bomb. His lawyer says that the Air Force's earlier musings about homicide charges may have been a bluff. The decision to proceed on only the dereliction charge, "reinforces the fact that Harry didn't act criminally and shouldn't have been charged criminally," he said.

The more-serious charges haven't been dropped; if Schmidt wins the first round, they could be reinstated.

That scenario, though possible, is considered a long shot.

FMI: www.af.mil; www.centcom.mil/CENTCOMNews/Reports/Tarnak_Farms_Report.htm

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