Lawyer Says Maj. Schmidt Needs More Time To Think

Major Harry Schmidt (USAF) knows more than anyone that war is hell. Since he mistakenly opened fire on a group of Canadian soldiers in Afghanistan, Schmidt has been living in the belly of the beast. What he says he needs now is time to think.

Schmidt and his wingman, Maj. William Umbach, were both F-16 pilots for the Illinois National Guard when President Bush invaded Afghanistan. They were sent overseas and began routine combat patrols over a country with no measurable air force. Deep in the night on April 17, 2002, they spotted ground near Kandahar in southern Afghanistan. Here's where the story becomes more difficult to decipher. Schmidt, believing Umbach was under fire, dropped a 500 pound laser-guided bomb on the forces below. But the shooters weren't Taliban fighters. They were Canadian soldiers practicing on an established shooting range. Canadian Forces Sgt. Marc Leger, Pvt. Richard Green, Cpl. Ainsworth Dyer and Pvt. Nathan Smith became the first Canadian combat casualties since the Korean war.

The incident raised an incredible stink between Ottawa and Washington (ANN: "Pilots' Mistake Responsible For Canadians' Deaths" - June 20, 2002). At first, Schmidt and Umbach were investigated by the military's equivalent of a grand jury. Then, they were charged with manslaughter and aggravated assault.

In a January hearing, Schmidt blamed "the fog of war," apologized to the victims' families and said he dropped the bomb because he believed he was under a Taliban attack.

In June, Lt. Gen. Bruce Carlson, commander of the Louisiana-based 8th Air Force (where legal action against Schmidt is underway), recommended in June that Schmidt face possible administrative punishment instead of court-martial on the more serious charges. In doing so, Carlson dismissed the manslaughter and assault charges.

Instead, Schmidt was accused of dereliction of duty. The charges allege that Schmidt "failed to comply with the applicable rules of engagement" and "willfully failed to exercise appropriate flight discipline over his aircraft."

The dereliction of duty charge carries a maximum penalty of six months in prison. That's a whole lot better than the 64 years he faced under the manslaughter and assault charges. Still, Schmidt rejected the offer, saying he would try to clear his name at a court-martial instead.

Umbach, on the other hand, retired with a letter of reprimand in his jacket.

Schmidt's lawyer says the 38-year old officer needs more time to decide whether he wants a jury trial or will allow the judge to hear the case alone. Making that decision now, the lawyer said, could preclude his attempts to have Schmidt's "fog of war" statement suppressed. The presiding officer in the proceedings, Col. Mary Boone, set October 16th as the trial date.

FMI: www.af.mil