Late this night in 1969, a platoon of seven Navy SEALs slipped into the Mekong Delta village of Thanh Phong.*
At their head was a 25-year-old lieutenant, the future United States Senator Bob Kerrey.
Thanh Phong was reportedly an official U.S. Army free fire zone. That meant that any Vietnamese civilians within it were presumptively enemies and could be slain at will — according to the U.S. Army, if not to any recognizable law of war.
In Thanh Phong, they were slain. Nearly every single person in the town.
Gregory Vistica’s disturbing investigation brought this story to wide public attention in 2001; he subsequently expanded his investigation into a book.
Kerrey’s Raiders — the commando team’s comradely self-designation — were hunting a local National Liberation Front “general secretary” purported to be in Thanh Phong. By “hunting,” we mean they intended to murder him; given the nature and timing of the operation, it was presumably part of the brute-force assassination program Operation Speedy Express and/or its equally sinister CIA-run cousin, the Phoenix Program.
On this particular mission, Lt. Kerrey’s team first encountered an unexpected hut, not on their map. Fearing the people inhabiting it would blow their cover, they entered and killed the five inhabitants: quietly, intimately, at close quarters with their knives. It was an old man, a woman, and three young children. It’s a nasty business but it’s not what qualifies Thanh Phong as a potential execution … though it may explain the execution that followed.
After these unfortunate villagers were disposed of, the SEALs moved on towards the doomed hamlet. This same platoon had been to Thanh Phong two weeks before, and reported then that it held nothing but a few women. On February 25, they found much the same scene: no “general secretary.” Just 16 women and children.
Klann: We gathered everybody up, searched the place, searched everything.
Rather: What was the make-up of this group?
Klann: Probably a majority of em were kids. And women. And some younger women.
Rather: So you got all the people out of there.
Klann: We herded them together and in a group.
Rather: Were any of these people armed?
Klann: I don’t believe so.
Rather: Fair to say you didn’t see any weapons?
Klann: I didn’t see any.
Rather: Did you decide pretty quickly or not that the target of your mission, the Viet Cong leader, was not among them?
Klann: Yeah, we got together and we were, hey the guy ain’t here. Now we got these people, what do we do now?
Rather: What did you do then?
Klann: We killed them.
Rather: What do you mean, you killed em?
Klann: We shot them all.
Rather: Was an order given for that or was it more or less spontaneous?
Klann: I don’t think we would have acted spontaneously on something like that. There was an order given.
Rather: What was the order?
Klann: To kill them.
Rather: Why?
Klann: Cause we’d already compromised ourselves by killing the other group.
Rather: Whose responsibility, whose obligation as it to say that?
Klann: The ultimate responsibility fell on Bob Kerrey.
Rather: Do you remember him saying that?
Klann: I don’t remember his exact words, but he was the officer in charge. The call was his.
Rather: And then what happened?
Klann: We lined up, and we opened fire.
Rather: Individually or raked them with automatic weapons fire?
Klann: No. We, we just slaughtered them. It was automatic weapons fire. Rifle fire.
Rather: At roughly what range?
Klann: Six feet, ten feet, very close.
Rather: Then did the shooting stop?
Klann: Yeah, for a little bit.
Rather: Was it quiet?
Klann: It was dead quiet. It was dead quiet. Then you could just hear certain people, hear their moaning. So we would just fire into that area until it was silent there. And that was it. And, and until, we were sure that everybody was dead.
Rather: You said certain people were moaning or making noises. Were all those adults?
Klann: A few. I remember one baby still crying. That baby was probably the last one alive.
Rather: What happened to that baby?
Klann: Shot like the rest of em.
Klann’s testimony of a summary execution comports with that of a Vietnamese woman who says she hid on the outskirts of the tiny village and witnessed the slaughter.
Bob Kerrey has a different version of these events. The reader is invited to peruse the evidence available and conclude as desired; for me, Kerrey’s version is not very persuasive especially given the witness testimony to the contrary and the known normalization of atrocities in Indochina.
Kerrey agrees with Klann that the entire village ended up slaughtered together in a heap; a complaint against this atrocity was officially filed with the Army by Vietnamese locals within days of the incident, so there’s not much scope to deny the outcome. But Kerrey claims this happened when the SEAL team received incoming fire as they approached the village, then started shooting back wildly in the dark. Only after the bullets stopped flying did they find the civilians 50 to 100 yards further on.
Improbably — but much more consistent with an intentional, close-range massacre — all these women and children chanced to be huddled together, and all of them were stone dead from the crossfire. Not a one of these people accidentally winged in the night was wounded but alive, says Kerrey.
Kerrey’s commentary in Vistica’s initial story and its follow-ups suggests the judicious politician he had by that time become. In 2001 he had just retired from the Senate and was an elder statesman in government; he was said to be weighing a 2004 presidential bid. (His actual next gig, not anticipated at the time the story broke, was the 9/11 Commission.)
In interviews with Vistica and subsequently, Kerrey waffled and qualified cagily — shifting from a flat denial, to a weird acknowledgment that “it’s possible a slight version of that happened.” He wouldn’t commit to asserting that there really was incoming fire. He moved the conversation wherever possible to the abiding torments of conscience and the slipperiness of memory and perspective, as if this could span the distance from “summary execution” to “accidentally killed in the crossfire.” He maintained that there were only men in the first hut — that hut, alone among the village — but that this was only an indirect recollection since he didn’t enter it or participate in the killings.
“Please understand,” Kerrey emailed to Vistica in 2000, “that my memory of this event is clouded by the fog of the evening, age and desire.” Desire is a striking word to select.
For all their plausible deniability, Kerrey’s remarks on this matter markedly lacked indignation at bearing such a monstrous charge. Kerrey’s great and unfeigned sense of personal guilt was oddly mirrored by his inability to own a specifically culpable act. The Senator expressly declined to deny Gerhard Klann’s “memory.” (Klann said Kerrey urged him not to talk about Thanh Phong.)
Kerrey won a Bronze Star for Thanh Phong. “The net result of his patrol,” according to a citation Kerrey has acknowledged is fanciful, “was 21 Viet Cong killed, two hooches destroyed and two enemy weapons captured.”
Seventeen days after Thanh Phong, Kerrey’s service career came to an end when a grenade exploded at his feet during another assassination mission. Kerrey earned the Congressional Medal of Honor for continuing to direct fire while crippled by wounds on that day; by accounts, he spent the several years following mired deep in depression.
“I went out on a mission and after it was over I was so ashamed I wanted to die,” he said of Thanh Phong in 2001. “This is killing me. I’m tired of people describing me as a hero and holding this inside.”
It goes without saying that war crimes in Vietnam remain much too sensitive for the U.S. to grapple with formally. The story is out there now, but it’s been effectively reburied as far as the American public memory goes — another everyday horror in a horrible conflict. More information might oneday surface, but the matter will only be adjudicated between Gerhard Klann, Bob Kerrey, their comrades that night, and their Maker.
Not so in Vietnam where — with all due respect to the pangs that conscience can exact — the real victims lie.
February 25, 1969 has a dedicated exhibit in Ho Chi Minh City’s War Remnants Museum.
A display of the sewer pipe where the three children killed at the first hut tried to hide, along with photographs and an explanatory placard describing the Thanh Phong massacre, at the War Remnants Museum in Ho Chi Minh City. (cc) images by Schwede66.
* The only other member of the team who has spoken publicly, Mike Ambrose, backs Klann’s version of the hut narrative, and (mostly) Kerrey’s version of the (non-)execution. As Vistica’s initial investigation was going public, Kerrey convened a meeting of the other Raiders, their first since Vietnam; the group issued a statement denying that they had committed an execution of prisoners.
But it was for what Pickett did on this date in 1864 — much less well-recalled today but to the 1864 New York Times correspondent exemplifying “the madness of rebel leaders” — that he had to flee to Canada after the war, for fear of being prosecuted for committing a war crime.
General Pickett is far removed now from the high-water mark of the Confederacy, scrapping in eastern North Carolina, where loyalties in the Civil War are quite divided.
There, the federals had held the town of New Bern going on two long years. Pickett was detailed to mount an assault upon it, which failed, but netted him a number of Union prisoners.
North Carolina men in particular had a reputation (of arguable veracity) for absenting themselves; and, as the state as a whole was the most reluctant (and last) seceder, no small number of those deserters were ducking out for ideological reasons. Plenty of onetime Confederate conscripts who conceived greater loyalty to the Union than to their state shed gray uniforms for blue.
Licking his wounds from the New Bern sortie down the road at Kinston, Pickett recognized a couple of his prisoners as his own former soldiers. They had a testy exchange with the beaten general, and Pickett had them up for a summary court martial in a flash. On February 5, Joe Haskett and David Jones were hanged for desertion.
There followed an interesting exchange between the rival commanders.
Intending to forestall any tit-for-tat killings of POWs, the Union general warned Pickett to treat them humanely.
Major-General Pickett,
Dept. of Virginia and North Carolina, Confederate Army:
General: I have the honor to include a list of 53 soldiers of the U. S. Government who are supposed to have fallen into your hands on your late hasty retreat from before New Berne. They are the loyal and true North Carolinians and duly enlisted in the Second North Carolina Infantry. I ask for them the same treatment in all respects as you will mete out to other prisoners of war.
I am, very respectfully, your obedient servant, JOHN J PECK
Pickett must not have appreciated having his martial prowess busted on by his opposite number, because he returned a sarcastic reply promising to use Peck’s list to identify deserters. (In a subsequent letter, he threatened to meet retaliations with 10-for-1 hangings. Pickett showed an “imperious and vaunting temper” in the postwar judgment of Attorney General Holt. Or more directly put, he comes off as an asshole.)
GENERAL: Your communication of the 13th instant is at hand. I have the honor to state in my reply that you have made a slight mistake in regard to numbers, 325 having “fallen into your(our) hands in your (our) late hasty retreat from before New Berne,” instead of the list of 53 with which you have so kindly furnished me, and which will enable me to bring to justice many who have up to this time escaped their just deserts. I herewith return you the names of those who have been tried and convicted by court-martial for desertion from the Confederate service and taken with arms in hand, “duly enlisted in the Second North Carolina Infantry, U S Army.” They have been duly executed according to law and the custom of war.
Your letter and list will, of course, prevent any mercy being shown any of the remaining number, should proper and just proof be brought of their having deserted the Confederate colors, many of these men pleading in extenuation that they have been forced into the ranks of the Federal Government.
Extending to you my thanks for your opportune list,
I remain, very respectfully, your obedient servant,
G. E. PICKETT
He did it, too.
The Confederate chaplain John Paris recounted for his side’s press the scene, a baker’s dozen of men on a large platform, heads sacked, an unknown cross-eyed executioner waiting to strip the bodies of their clothes as payment. Most were local boys, dying shockingly under the eyes of their own family and acquaintances. Reportedly, a number of shaken Confederate soldiers deserted to New Bern after witnessing the scene.
The thirteen marched to the gallows with apparent resignation. Some of them I hope were prepared for their doom. Others I fear were not. On the scaffold they were all arranged in one row. At a given signal, the trap fell, and they were in eternity in a few moments. The scene was truly appalling. But it was as truly the deserters doom. Many of them said I never expected to come to such a end as this. But yet were deserters, and as such they ought to have expected such a doom. The names of these misguided men were, John I Brock, Wm. Haddock, Jesse Summerlin, A I Brittain, Wm. Jones, Lewis Freeman, Calvin Huffman, Stephen Jones, Joseph Brock, Lewis Taylor, Charles Cuthrell, W. C. Daughtry and John Freeman.
…
The knell of vengeance has sounded. … deserters in North Carolina must now open their eyes, from the mountain to the seaboard. Desertion has become in our army a desperate disease, and desperate cases require desperate remedies. Let fathers, mothers, brothers, sisters and wives, exhort their friends at all times to be faithful to their country under all circumstances.
In all, 22 alleged deserters hanged over the course of February in this affair, the 13 executed together on February 15 obviously accounting for the lion’s share. The incident is the likely inspiration for the novella published later in 1864 by a Confederate North Carolina cavalryman: The Deserter’s Daughter; most certainly, Kinston made the rounds in the North to great indignation.
And an event so notorious was bound to draw attention with the end of the war: even in 1864, the New York Times had editorialized demanding “instant and relentless retaliation … there could be no such thing as acquiescence or empty protest. Even if the Government could bring itself to this abject mood, the public indignation would not tolerate it.” Officers who had been stationed at New Bern did not neglect to keep this sentiment alive in the chain of command, pushing for punitive action to avenge their former comrades.
In the end, there would be none.
Playing it safe, Pickett skipped out for Canada (and even changed his appearance) in 1865 as a board appointed by Secretary of War Edwin Stanton opined that he and other parties to the hangings were “guilty of crimes too heinous to be excused by the United States government … there should be a military commission immediately appointed for [their] trial … to inflict upon [them] their just punishment.” That was especially so as it emerged that some of the hanged had “deserted” from stuff like bridge guards and state militias — not (in the view of prosecution-minded Unionists) the Confederate army proper.
But as the investigations continued into 1866, they zeroed in on Pickett as their specific target. And, they ran out of steam — or into a stone wall.
In 1866, Pickett appealed from exile to Ulysses S. Grant, who just so happened to be an old West Point chum of Pickett’s.* “Certain evil disposed persons,” Pickett wrote, “are attempting to re-open the troubles of the past.” With the Supreme Court’s Ex parte Milligan ruling, the prospect of a military tribunal evaporated.
Grant had the case shelved, even against Congressional appeals, until everybody just gave up and dropped it. “I do not see how good, either to the friends of the deceased, or by fixing an example for the future, can be secured by his trial now,” Grant said once of his old associate. Plus ça change.
Pickett lived until 1875, selling insurance without legal molestation but also shadowed by the dark cloud of Kinston. After his death at age 50, his wife went on to rehabilitate Pickett’s reputation in the popular eye.
But not in every eye.
As late as the turn of the century, a veteran’s polemic was dedicated to excoriating not only Pickett, but Grant and the Union men who had declined to punish him.
We’ve only outlined the Kinston story in this post, but much more detailed narratives can be found at:
* In fairness to U.S. Grant, we are bound to report his stated reason for opposing any prosecution of Pickett: it would violate the grant of clemency he himself had made to secure General Lee’s surrender at Appomattox.
Inter-American Court of Human Rights
Case of Aloeboetoe et al. v. Suriname
Judgment of September 10, 1993
…
1. The instant case was brought to the Inter-American Court of Human Rights (hereinafter “the Court”) by the Commission on August 27, 1990 … the Commission asserted that “the Government of Suriname violated Articles 1, 2, 4(1), 5(1), 5(2), 7(1), 7(2), 7(3), 25(1) and 25(2) of the American Convention on Human Rights” …
2. … The events that gave rise to the petition apparently occurred on December 31, 1987, in Atjoni (village of Pokigron, District of Sipaliwini) and in Tjongalangapassi, District of Brokopondo. In Atjoni, more than 20 male, unarmed Bushnegroes (Maroons) had been attacked, abused and beaten with riflebutts by a group of soldiers. A number of them had been wounded with bayonets and knives and were detained on suspicion of belonging to the Jungle Commando, a subversive group. Some 50 persons witnessed these occurrences.
3. According to the petition, the Maroons all denied that they were members of the Jungle Commando. The Captain of the village of Gujaba made a point of informing the commander in charge of the soldiers that the persons in question were civilians from various different villages. The commander disregarded this information.
4. The petition asserts that the soldiers allowed some of the Maroons to continue on their way, but that seven of them, including a 15-year old boy, were dragged, blindfolded, into a military vehicle and taken through Tjongalangapassi in the direction of Paramaribo. The names of the persons taken by the soldiers, their place and date of birth, insofar as is known, are as follows: Daison Aloeboetoe, of Gujaba, born June 7, 1960; Dedemanu Aloeboetoe, of Gujaba; Mikuwendje Aloeboetoe, of Gujaba, born February 4, 1973; John Amoida, of Asindonhopo (resident of Gujaba); Richenel Voola, alias Aside or Ameikanbuka, of Grantatai (found alive); Martin Indisie Banai, of Gujaba, born June 3, 1955; and, Beri Tiopo, of Gujaba (cf. infra, paras. 65 and 66).
5. The petition goes on to state that the vehicle stopped when it came to Kilometer 30. The soldiers ordered the victims to get out or forcibly dragged them out of the vehicle. They were given a spade and ordered to start digging. Aside [Richenel Voola] was injured while trying to escape, but was not followed. The other six Maroons were killed.
6. The petition states that on Saturday, January 2, 1988, a number of men from Gujaba and Grantatai set out for Paramaribo to seek information on the seven victims from the authorities. They called on the Coordinator of the Interior at Volksmobilisatie and on the Military Police at Fort Zeeland, where they tried to see the Head of S-2. Without obtaining any information regarding the whereabouts of the victims, they returned to Tjongalangapassi on Monday, January 4. At Kilometer 30 they came across Aside, who was seriously wounded and in critical condition, and the bodies of the other victims. Aside, who had a bullet in his right thigh, pointed out that he was the sole survivor of the massacre, the victims of which had already been partially devoured by vultures. Aside’s wound was infested with maggots and his right shoulder blade bore an X-shaped cut. The group returned to Paramaribo with the information. After 24 hours of negotiations with the authorities, the representative of the International Red Cross obtained permission to evacuate Mr. Aside. He was admitted to the Academic Hospital of Paramaribo on January 6, 1988, but died despite the care provided. The Military Police prevented his relatives from visiting him in the hospital. It was not until January 6, that the next of kin of the other victims were granted permission to bury them.
On this date in 1989, with the last words “I want to say I hold no grudges,” Carlos DeLuna died by lethal injection in Texas
At the time, not many people took seriously DeLuna’s claim that a different Hispanic man named Carlos — one Carlos Hernandez — was the man who actually slashed Wanda Lopez to death in a Corpus Christi gas station on February 4, 1983.
“I didn’t do it. But I know who did.” That’s what he’d told a police officer soon after his arrest.
A generation later, it’s increasingly clear that Carlos DeLuna really didn’t do it … and that he knew who did it, knew he was going to the gurney for the crime of a man whom the state claimed was just a “phantom” invented by the defendant. Just a few months before DeLuna went to his death, that “phantom”, still on the streets, had knifed a four-inch gash in another woman’s abdomen. Carlos Hernandez had even bragged to others that his “stupid tocayo” — namesake — “took the blame for” a murder he’d committed. (Hernandez died in 1999.)
DeLuna was arrested suspiciously hiding under a truck near the scene of a grisly knife slaying at a gas station. A Hispanic man had been reported as the suspect, and the eyewitness was able to identify DeLuna as that man, just moments after his arrest. Case closed.
Except everyone was wrong.
He was hiding because he’d been violating his parole by drinking at a strip club across the street. He chanced to look just like another Hispanic man from the area, a fellow who just happened to be a violent thug. And he didn’t have a spot of blood on him even though the murder scene looked like the set of a slasher film.
“It was an obscure case, the kind that could involve anybody,” Columbia Law Prof. James Liebman said. “Maybe those are the cases where miscarriages of justice happen, the routine everyday cases where nobody thinks enough about the victim, let alone the defendant.”
The facts of the case have been extensively documented elsewhere, including a 2006 Chicago Tribune series* and an entire 2012 issue of the Columbia University Human Rights Law Review, culmination of a years-long project organized by Liebman.
The latter investigation, complete with original source documents, video, and photographs, is preserved for public use at the magnificent Los Tocayos Carlos site. Its intensively-sourced book-length treatment comes highly recommended, but you might need to clear your schedule.
Executed Today is pleased to welcome one of the coauthors of Los Tocayos Carlos, Andrew Markquart — a 2012 graduate of Columbia Law who collaborated with Prof. Liebman on the DeLuna investigation and now practices in New York.
ET: How did you come to focus on this case, and what went into the investigation?
AM: I got involved after my first year at law school. I started out as a research assistant for Prof. Liebman, and he had been working on this project for years in one form or another when I got involved. I had already had quite a bit of interest in death penalty issues, so I jumped on it.
The initial investigation that Prof. Liebman did was back in 2004. He had done a previous study called “A Broken System” in which they found a shockingly high rate of reversals in capital cases. And basically the question that came out of that for him was, what does that mean?
Does that mean that the courts are doing their jobs and there are a lot of reversals because they’re being very diligent?
Or, is that high number indicative of some big systemic problems?
He started out looking at cases in Texas, for obvious reasons, and particularly focused on cases involving single eyewitnesses. This one came out fairly early on, but there wasn’t much about it initially to suggest this was a strong case. But Prof. Liebman was having someone going down to Corpus Christi anyway and had him check it out, and within one day this investigator was able to track down a lead and figure out exactly who this Carlos Hernandez person was who DeLuna claimed was the actual killer. From there the floodgates opened.
This case reads like something out of Dumas … your doppelganger, who looks just like you and also shares your name, commits a crime and you take the rap. Speaking as a layperson, it’s astonishing that Carlos DeLuna explicitly made the very argument you’re making, that this guy Carlos Hernandez was the real killer. But it wasn’t so much that DeLuna’s allegation was considered and rejected as that it was never taken seriously at all, even by his own defense. Why was that?
It’s a good question and it’s one of the major points we tried to make.
At first DeLuna was a little hesitant, with good reason: Hernandez was well-known in Corpus Christi; he was a terror in the town and had been known to use violence against people who threatened to expose him. Eventually the threat of execution overcame that.
His defense team did very little to research what could or would have been his saving argument, and on the flip side the prosecution said Carlos Hernandez didn’t even exist, which is just a mind-blowing claim. This guy had a rap sheet a mile long. He had been a major suspect in 1979 in another murder case involving one of the prosecutors in the DeLuna case.
The defense lawyer in that case did what DeLuna’s lawyer should have done: he called Carlos Hernandez to the stand and basically prosecuted Carlos Hernandez as his defense. He got his client off, and we’re pretty confident from our research that Hernandez was actually guilty of that murder, too.
Hernandez was definitely no “phantom”: he was known to law enforcement, known in the neighborhood. Can you explain why the prosecuting attorneys would make such a claim?
It’s hard to explain. I suspect they probably thought they had the right guy, they probably thought he was making up a bogus story … and they cut a few corners. But that’s speculation.
Your report writes, “Central to DeLuna’s obscurity was the failure of lawyers on the defense as well as the prosecution side to have the curiosity and gumption to look just an inch or two below the surface.” It seems like there just wasn’t much of any work done by any actor to pursue evidence that could defend DeLuna.
Carlos DeLuna’s defense lawyer had trouble getting any kind of funding to do investigation. And this was his first criminal case of any kind, let alone capital case.
The police only investigated for a couple of hours before turning it over to the store manager to clean up to open the next morning. It was a simple case of tunnel vision: they had arrested Carlos DeLuna, they got a quick eyewitness ID, and they thought they were done.
There’s all kinds of evidence at the scene. In the police photos, which are available at our website, there’s a footprint in blood that has to be the culprit’s shoeprint, and they never even saw it. It was that sloppy. You can also see the detective, Olivia Escobedo, literally standing on evidence — a nice metaphor for the investigation.
Yes, he did. For reasons I can’t make sense of, he either was just severely misremembering, or just made up, some story about hanging out with these girls earlier in the evening that was completely untrue. But the thing about it is that the story as he gave it didn’t even help his case. It didn’t give him an alibi. But it hurt his case, because then they could bring in these girls to testify and destroy his credibility.
It’s hard to figure out what was in his head to say that. DeLuna wasn’t the most intelligent person; his IQ tested just barely above the threshold for cognitive impairment.
The original trial was in 1983, and Carlos was executed in 1989. How representative are the circumstances of this case still, relative to new death penalty trials today or to death row prisoners whose appeals are being handled now?
“[DeLuna]’s lying. He won’t admit it. I hope this is the day he gets it. He’ll lie like he’s been lying and now he’ll have to pay for what he did to my daughter.”
-Wanda Lopez’s mother Mary Vargas, quoted in Dec. 7, 1989 Dallas Morning News
“After carefully reviewing the information recently uncovered and printed by Steve Mills and Maurice Possley in the Chicago Tribune, I am convinced that Carlos DeLuna did not kill my sister and that Carlos Hernandez was the real murderer.”
-Wanda Lopez’s brother Richard Vargas, June 2006
You see these kind of cases and issues come up even today. That’s one point we try to make: yes, this case was from 29 years ago, but a lot of things remain the same.
There was no physical evidence, despite all the blood at the scene: it was just based on eyewitnesses.** And you kind of have a casebook bad eyewitness identification. They didn’t use a lineup; it was nighttime; it was a cross-racial identification, which we know are highly error-prone; he [DeLuna] was in the squad car, at the scene, handcuffed, under a highly stressful environment. You have these kinds of show-up identifications happen all the time, all over the country. They’re rife with error.
And there’s a lot of good public defenders out there who really work hard and do good work, but also a lot of underexperienced and overburdened public defenders who are just being crushed. There’s always systemic pressure for cops and prosecutors to cut corners. I certainly don’t think the lessons of Carlos DeLuna’s case have been learned.
In your view, what are the most important of those lessons?
The fallibility of our criminal justice system. Carlos DeLuna wasn’t convicted and executed in some third world country — he was given a trial and a lawyer and appeals and all the other protections and yet he still slipped through the cracks.
And the other lesson is the widespread nature of the factors involved, like the unreliable eyewitness ID. People go to prison on that basis every day. It seems highly likely there are more Carlos DeLunas.
The way that we found this story and developed it was enormously labor-intensive. The number of man-hours that went into this, between authors, investigators, research assistants, and the whole staff of the Columbia Human Rights Law Review … you just can’t do this for every case where there’s some kind of colorable suggestion of the possibility of wrongful execution.
I’d be very surprised if there aren’t more like him.
* The Tribune series on DeLuna began on June 25, 2006 … the day before Supreme Court crank Antonin Scalia taunted in Kansas v. Marsh that there was “not one” case of a “clear” wrongful execution. “The innocent’s name would be shouted from the rooftops by the abolition lobby,” Scalia wrote.
** Eyewitness (mis)identification is also at the heart of the Ruben Cantu case, another suspected wrongful execution in Texas.
David’s mildness managed it so well,
The bad found no occasion to rebel.
But when to sin our biassed nature leans,
The careful devil is still at hand with means, [80]
And providently pimps for ill desires;
The good old cause, revived, a plot requires.
Plots, true or false, are necessary things,
To raise up commonwealths, and ruin kings.
-John Dryden’s Absalom and Achitophel, a Biblical allegory of the English political/religious scene in which the Popish Plot (“plots, true or false”) took place
On this date in 1678, a Catholic goldsmith was hanged and quartered for treason … a preposterous case that would preview the tragic main acts of the “Popish Plot”.
This 17th century anti-Catholic witch hunt traced to weird and unprincipled Anglican divine Titus Oates.
With his friend Israel Tonge, Oates in 1678 ginned up a fantastical Jesuit plot against the life of Charles II — which supposed conspiracy played insidiously to the realm’s age-old religious divisions, in a moment when a Catholic royal sibling stood next in line to the throne.
Indeed, Oates’s “revelations” would trigger the Exclusion Crisis, an unsuccessful parliamentary bid to balk the heir presumptive James (eventually James II) of his throne. Parliament, argued Henry Capell, “must quiet the minds of the people, as to their fears of Popery and the Succession.”
In Queen Elizabeth’s time there were conspiracies against her, when Mary Queen of Scots was taken off. In King James’s time, the Gunpowder-Treason. In the last King’s time, a horrid Rebellion, that ended in his murder; but here the Crown is under such a character as is more dangerous than all those; and from Popery came the notion of a standing Army and arbitrary power.
Oh, and London had just burned down within everyone’s living memory, an event popularly ascribed to a French Catholic conspiracy even into the 19th century.
There was an awful lot of latent (and not-so-latent) anti-Popery around for Oates to stir up, and he proved to have a gift for this demagoguery. (pdf) In late 1678, a magistrate investigating Oates’s claims, Edmund Berry Godfrey, was mysteriously murdered, and all hell broke loose: a political assassination could now be hung on the alleged Catholic conspiracy. In short order, alleged Catholic conspirators would themselves hang for it.
It was a full 9/12 mentality: people going about armed, loyalty oaths, rumors of French invasion or Guy Fawkes tunneling.
Oates, when feeling his, would have the juice to put peers of the realm on the scaffold … so what chance did poor William Staley have?
This patsy, no great ornament of the “plot”, was more an incidental (and expedient) casualty of the swelling paranoia. Overheard at a tavern chatting about the Protestant freak-out, in French (quelle horreur!), a couple of unscrupulous eavesdroppers shopped for treason when they couldn’t blackmail him.
The sovereign was supposed to have been characterized in this chat as “a great Persecutor or Tormentor of the people of God … And ([Staley] stretching forth his Arm, and then clapping his Hand on his Breast), speaking of His Sacred Majesty, said, I my self will kill him.” (Source) Whether a frustrated Catholic into his cups incautiously popping off, an innocent naif set up by reprobates, or a case of lost in translation, it seems safe to say that William Staley was no danger to the monarchy.
Staley, at any rate, denied having said anything of the sort all the few hours that remained to draw breath, which wasn’t many. It was a mere 12 days from the “treasonable” conversation on Nov. 14 to Staley’s execution.
Image from William Faithorne‘s 1681 (misdated) engraving depicting William Staley being drawn to execution.
With this hanging, and another (that of Edward Coleman) a week later, the Popish Plot persecutions were into full swing … three years of Stuart England McCarthyism that would claim at least 15 lives and end with Titus Oates imprisoned, whipped, and pilloried.
After the Orange Revolution chased the Catholic monarch out of England, Oates was released and pensioned: the incident long remained an ideological litmus test between proto-Whigs (pro-Oates, as he was a club wielded against the absolutist aspirations of Charles II and James II) and Tories (anti-Oates, for the same reason). Centuries later, one commenter could still remark, “There are three events in our history that may be regarded as the touchstone of party men: an English whig who asserts the reality of the Popish plot, an Irish Catholic who denies the massacre of 1641, a Scotch Jacobite who maintains the innocence of Queen Mary, must be considered as men beyond the reach of argument or reason.”
Almost a full year had elapsed since Anna Fessler had received a few shrovetide cakes from the daughter of the neighboring millers.* Hours later, Fessler (who had delivered a child just a week before) took painfully ill and died in her bed.
The cakes led back to the miller’s wife Anna Schmieg, of course. But decades after the Thirty Years’ War, the whole witchcraft construct was on its way out. Robisheaux builds a powerful micro-history of the local magistrate’s painstaking effort to satisfy the era’s rigorous legal standards for witch-persecution.
These standards would soon break down entirely, but in the here and now (or there and then), the authorities had to establish Schmieg’s malevolent reputation, and figure out if there was sufficient evidence to license torture. There wasn’t, the legal doctors whom Hohenlohe consulted advised; Hohenlohe made up a justification to do it anyway.
Anyway, the torture did to a co-accused what torture usually does. That luckless itinerant local woman was named Barbara Schleicher: she’d been under a pall from the accusation of a previously-tortured “witch” in a nearby village a few years before, and with the requisite pressure she soon copped to everything. Schmieg denied and fought and repelled, but eventually she too broke down and made the fatal confession. So, on November 8, 1676, before a court constituted of local grandees,
Anna Elisabeth Schmieg and Barbara Schleicher had to confess one more time, openly and publicly.
This was the moment of danger. Were Anna now to curse the judges as she had cursed the executioner before she was tortured, “asking them to join her for God’s Judgment in the Valley of Jehosaphat,” the proceedings might break up. She could be tortured again, but the curse would have had a shocking effect and raised the question about whether an injustice was about to be committed.
Because of these dangers, instead of asking the women to speak for themselves, the county’s officer spoke for them, saying that the two poor sinners had freely confessed their crimes and were ready to be given over to justice. The scribe read of Anna’s use of witchcraft and murder, as well as her seduction by Satan. He pronounced that she had done so many evil things that she could not even remember them all. He then read out a list of Schleicher’s crimes, which included witchcraft, murdering two husbands, turning herself into a wolf, and attempting to commit suicide. Whoever these two poor sinners had been before that day, they were now publicly branded as witches, poisoners, and murderers.
Talk about speak now or forever hold your peace. For not raising a ruckus, the court threw a bone to the wicked and now-confessed hags and mitigated the sentence of tearing at their flesh with iron tongs followed by burning at the stake to tearing at their flesh with iron tongs followed by strangulation followed by burning at the stake.
Chief Justice Assum turned to the court assessors and asked them whether the sentence had been decided as the court scribe had read it. Together they replied yes. Assum then rose, broke the ceremonial staff in two, and threw the pieces to the floor. With this old legal gesture, the blood court was symbolically breaking its staff over the lives of the prisoners. Then he said, “God help their poor souls.” [Local Count] Heinrich Friedrich’s representative then asked that the executioner carry out the sentence. According to prescription, the command to the executioner was repeated three times. At the close the chief justice forbade everyone present, on penalty of bodily punishment, from seeking revenge for this act of justice. No one was to take up violence against the law or question what was being done. The court scribe repeated his admonition.
The executioner then led the women out of the court, across the drawbridge, and over into the market square, where they joined the procession that had assembled. Drummers beat out a cadence, schoolboys sang hymns, and the sober procession marched down Langenburg’s long main street and out the gate at the east end of the town.
Once past the town gate, Anna’s and Barbara’s expulsion from the community was complete. From many perspectives, as we have seen, Anna’s emotional world was not like our own. It would be wrong to assume that Anna and Barbara felt the same anxiety and fear that we would today as they climbed the “Path of Straw” to Gallows Hill. The belief that someone who received absolution before an execution, and who did not sin again by resisting, would go right to heaven may help explain why prisoners rarely resisted at this point. Most tried to meet their fate as best as they could. Considering the suffering of the last ten months, Anna may have welcomed her end. She and Schleicher may also have been fortified for the ordeal by wine. Prayer may have brought them solace. However she felt about her fate, no record mentions her resisting or cursing the executioner or members of the court.
The scene at the gallows must have been crowded. The execution was seen as an example, and it was considered essential that the Langenburg schoolchildren be let out of school to join the procession. There, with the rest of their neighbors, they would have watched Anna and Barbara torn with hot irons and then strangled with a rope. After the bodies were burned to ashes, the last ritual gesture was made. “Lord Chief Justice,” Master Endris asked, “Have I carried out the law?” To which Assum would have replied, “If you have executed what the law and the sentence require, then the law has been fulfilled.”
This verbal exchange was critical for the execution to have fulfilled its purpose. At this moment the law, formally in suspense since Anna’s arrest, had been restored. The breach in public order that had opened on Shrove Tuesday was now mended. Count Heinrich Friedrich had seen to it. The chief justice and the assessors filed back into town and into the courtroom. Once they took their seats, it was announced that justice had been done. A lavish feast awaited them.
Just stay away from the cakes.
* A delicious tradition. Here’s a recipe for vanilla-frosted custard-filled shrovetide buns, from Denmark. Deadly deadly Satanpoison is optional.
Though executioners don’t quite bat 1.000 — who does, at any human endeavor? — the field on the whole succeeds more often than not.
On this date in 1864, the Confederate guerrilla John S. Mosby had seven Union prisoners executed, but he only managed to kill three of them — an efficiency very well below the Mendoza Line for the executioner’s trade.
It was a rare competence gap for the brilliant cavalryman.
The irregulars Mosby commanded in the Shenandoah Valley had frustrated for six months the consolidation of rampant northern armies, thereby preserving the Confederate capital of Richmond and extending the Civil War.
The situation had quick become intolerable for the Union, and Gen. Ulysses Grant emphasized (pdf) to Gen. Phil Sheridan the cruel anti-insurgent tactics he would countenance for “the necessity of clearing out the country so that it would not support Mosby’s gang. So long as the war lasts they must be prevented from raising another crop.”
Incensed, the Confederate “gray ghost” began stockpiling blue bodies from the offending command of George Armstrong Custer — yes, the Little Bighorn guy; he was perceived by Mosby to be responsible for the atrocity, although the actual paper trail on the execution order seems to be a little sketchy.
Mosby, who fancied himself the genteel sort who would closely abide the laws of war when fighting for the right to maintain human chattel, sent a lawlerly appeal up the chain of command seeking permission “to hang an equal number of Custer’s men.” General Robert E. Lee and Confederate Secretary of War James Sedden granted it.
The preparations began innocently enough on a quiet Sunday morning (November 6, 1864) when 27 Union prisoners of war were ushered with no explanation about what was happening out of a brick storehouse located in Rectortown, Virginia …
[They] were then marched to the banks of Goose Creek, about half a mile away. some, but definitely not all, of this specially selected pool of 27 prisoners belonged to Custer’s commands both past and present … [but] of the seven men eventually selected to die on Mosby’s orders only two were actually members of the Michigan Cavalry Brigade.
All 27 of the prisoners were lined up along Goose Creek and then made to draw slips of paper from a hat. Twenty of those slips of paper which were part of the macabre lottery were simply that, blank pieces of paper. The other seven — one for each of Mosby’s men executed at Front Royal and in Rappahanock County — were marked with a number …
Of the men who were forced to draw those slips of paper, some of them simply stared into space. Others, once they understood what was happening, prayed. There were a few of them who simply broke down.
Among the prisoners was a young drummer boy … who broke down completely, sobbing … He drew a blank slip and immediately proclaimed: “Damn it, ain’t I lucky!” When a second drummer boy was found to be unlucky enough to have drawn one of the marked slips of paper, upon the request of the men who had been spared, Mosby personally ordered the boy to be released from the seven condemned prisoners and the 18 remaining prisoners (excluding the first drummer boy) drew from the slips of paper for a second time.
Then one of the seven adults also got himself swapped out of the scrap by flashing a Masonic sign at a Confederate lodge member. The things that stand between life and death.
Out of the nine to come under death’s pall and the seven who were actually marched overnight to the place of execution (as close to Custer’s camp as Mosby dared) only three were there successfully ushered past death’s threshold.
At 4 a.m. on Monday, November 7, 1864 (the day before the election which would give Abraham Lincoln his second term in the White House and would therefore become the signature on the death warrant of the Confederacy), the Rangers and their prisoners reached the execution site in Beemer’s Woods, a mile west of Berryville, and the executions were carried forward. However, everything did not go exactly according to plan.
In the pre-dawn darkness and confusion (either through carelessness or lack of caring for their orders, since none of the prisoners had actually been involved in depredations against Confederate civilians) the Rangers allowed two of the seven prisoners (one of whom, G.H. Soule, 5th Michigan Cavalry Regiment, punched out a guard) to escape outright. Two other prisoners were apparently shot in the head, but surviving, having only been grazed, also escaped since they pretended, and were apparently believed, to be dead. The remaining three prisoners were hanged. The identities and whether or not these three prisoners were members of either Custer or Powell’s commands are unknown. Lt. Thompson, in accordance with his orders attached a placard to one of the hanged men (just as similar placards had been attached to the bodies of all three of Mosby’s hanged men). Mosby’s placard read: “These men have been hung in retaliation for an equal number of Colonel Mosby’s men hung by order of General Custer at Front Royal. Measure for Measure.”
Believing his purpose accomplished, or at any rate close enough for rebel government work, Mosby then wrote to Union General Sheridan justifying the action and assuring him that future “prisoners falling into my hands will be treated with the kindness due to their condition, unless some new act of barbarity shall compel me, reluctantly, to adopt a line of policy repugnant to humanity.”
The letter, and the 3-out-of-7 reprisal, actually worked — with no further measures exacted for measure or tits given for tat. For the waning months of the war the rival forces confined themselves to killing one another on the battlefield, and not in the stockade.
Well, mostly: one of the conspirators in the plot to assassinate Abraham Lincoln in April 1865 — which did assassinate Lincoln, but was really a wider attempt to decapitate the entire northern government — was a former Mosby’s ranger named Lewis Powell aka Payne. Lincoln killer John Wilkes Booth also seemed to flee in Mosby’s direction (Mosby’s units were still in the field, not covered by the April 9 Appomattox surrender.) There exists an unproven but delicious speculative hypothesis that the hand of John Mosby was among those behind an exponentially more ambitious “line of policy repugnant to humanity.”
Be that as it may, Mosby actually became a Republican after the war — for which he received some Southern death threats — and lived fifty eventful years. Among other things, the aged Mosby regaled the young George Patton (whose father Mosby knew) with Civil War stories.
Ivorian politics pitted the more prosperous coastal Christian south against the more rural Muslim inlands, but the 2000 election did not: Alassane Ouattara, the northern/Muslim standard-bearer was eliminated from the election by a conveniently-introduced summer 2000 law disqualifying candidates with a foreign parent. Ouattara was a former Ivorian Prime Minister, but for this election, he wasn’t Ivorian enough to stand.
Political bad blood became political bloodsport with the Oct. 22 election.
On Thursday, Oct. 26, 2000 — which was also the day that election’s winner Laurent Gbagbo was officially sworn in, despite thousands protesting — pro-Gbagbo militias went to town on Ouattara supporters, Muslims, immigrants.
In pro-Gbagbo sections of Abidjan like the suburbs of Abobo and Yopougon, ethnic Dyula or Dioula were rounded up en masse, mosques attacked by mobs, and people menaced, beaten, or worse.
In the late afternoon of October 27, the bullet-ridden bodies of fifty-seven young men were found dumped in two piles in a forest clearing on the outskirts of Yopougon. After speaking with two survivors of and several witnesses to events surrounding the massacre, Human Rights Watch researchers established that paramilitary gendarmes based at the Gendarme Camp of Abobo were directly responsible for the killings. This incident was the single worst atrocity of the election period.
The massacre took place on October 26, 2000 in two stages. The first involved the shooting of detainees at the Gendarme Camp of Abobo, where young men rounded up from Abobo neighborhood were taken during the morning and early afternoon of October 26, 2000. Prior to the shooting detainees were subject to … brutality and torture … At approximately 3:00 p.m…. at least two gendarmes opened fire on the detainees held there, killing some thirty to forty.
The second stage showed the signs of being a well-planned operation. Well-armed gendarmes deployed intoa neighborhood bordering the Gendarme Camp of Abobo and rounded up between eight and thirteen young men who were used as porters to load the dead onto a truck and later dispose of the bodies in the forest. The porters and all other survivors were then gunned down, though some were not killed. These survivors described the presence of one truck, two jeeps, and the involvement of some thirty gendarmes in this operation.
Two men (they’re both directly quoted in the Human Rights Watch report) survived the second stage of the massacre by playing dead.
This unpunished incident — eight gendarmes were tried, but all acquitted — has blended into the rich tapestry of grievances stoking Ivory Coast tensions down to the present day.
Laurent Gbagbo … under arrest. (Not for this massacre.)
When outright civil war erupted in 2002, anti-Gbagbo rebels reportedly yelled “This is for Yopougon!” when gunning down policemen.
In 2010 Ouattara beat Gbagbo in yet another presidential election. That led to a fresh round of nastycivil war.
That war’s upshot was to seat Ouattara — he’s President of the Ivory Coast as of this writing — and to extradite Gbagbo for war crimes proceedings at the Hague. But in the course of that more recent bloodletting, Yopougon once again became a massacre site, and its football pitch “an open-air cemetery”.
At the evening roll-call of the prisoners, Max Bialas instructed those who had arrived that same day to line up on the side. It was not clear who was to be liquidated — the new arrivals or those who had arrived earlier. At that moment Berliner jumped out from the ranks of the prisoners, lurched toward Bialas and stabbed him with a knife. A great commotion followed. The Ukranian guards opened fire. Berliner was killed on the spot. and in the course of the shooting more than ten other prisoners were killed and others were wounded. When the tumult subsided the prisoners were lined up again for roll-call. Christian Wirth, who was in Treblinka at the time, arrived on the scene accompanied by Kurt Franz, the second in command of the camp. Ten men were removed from the ranks and shot on the spot in full view of all the others. On the following day, during the morning roll-call, another 150 men were taken out, brought to the Lazarett [the so-called “hospital” which was in fact an execution site] and shot there.
Little is known about Berliner.
According to the testimony of fellow-inmate Abraham Krzepicki, he was a middle-aged Jewish citizen of Argentina who had lived in that country for many years.
He and his wife and young daughter traveled to Poland on vacation in the summer of 1939. They could have picked a better time: when Germany invaded on September 1, 1939, the Berliners were unable to return home. Their Argentine passports should have protected them, but they ended up in the Warsaw Ghetto and were transported to Treblinka. Berliner’s wife and child were gassed immediately, but he was spared to work.
This reprieve would be expected to last days, or a few weeks at the most before he too would go to the gas chamber. Berliner became consumed with rage and the thirst for revenge, supposedly saying, “When the oppressors give me two choices, I always take the third.”
As he must have known he would, Berliner died a horrible death — according to Krzepicki, he was beaten to death with a shovel.
Ironically, following Bialas’s murder, conditions for prisoners at Treblinka actually improved.
This was strictly for pragmatic reasons, as Arad noted: “The Jews selected for temporary work were a danger to the Germans, and the Berliner incident had proved it … When people knew they had nothing to lose, an act of despair like that of Meir Berliner could happen again and again.”
Rather than constantly killing and replacing their workers, the Nazis in charge of the camp decided to create a permanent staff of prisoner-workers and treat them with relative humanity. In this way, they hoped to prevent further acts of suicidal violence on the part of the Jews.
The existence of a permanent cadre of workers made it possible to plan and organize a revolt and mass escape from the camp. In August 1943, after months of conspiring and gathering the necessary weapons, the inmates killed most of the guards and made a run for it. About 300 or so actually made it outside of camp; of those, approximately 60 would survive the war.
On this date* in French-occupied Moscow of the War of 1812, many alleged arsonists — unnamed and unnumbered — were shot by Napoleon’s army in the ashes of Moscow.
Although real, flesh-and-blood Muscovites died, they are best known via their bespectacled fictional companion, Pierre Bezukhov, whose miraculous escape is one of the pivotal episodes of Tolstoy’s War and Peace.
Merely the greatest novel in history by some reckonings — we’ll just let Tolstoy fight it out with Dostoyevsky for top of table in the competitive 19th Century Russia literary scene — the epic War and Peace tracks that country’s transformation under the revolutionary pressures of the Napoleonic age.
In Russian director Sergey Bondarchuk’s sprawling cinematic adaptation of War and Peace, the part of Pierre Bezukhov is played by Bondarchuk himself.
Pierre Bezukhov (“without ears”) is one of the book’s central figures, the illegitimate son of a count who unexpectedly inherits, forever consumed with his next impulsive, passionate quest for meaning (boozing around, freemasonry, religion …).
Pierre finds himself present in Moscow when the Grande Armeerolls in following its Pyrrhic victory at the Battle of Borodino. His fancy of the moment is to assassinate Napoleon: “he suddenly felt that what before had seemed to him merely a possibility had now become absolutely necessary and inevitable. He must remain in Moscow, concealing his name, and must meet Napoleon and kill him, and either perish or put an end to the misery of all Europe.” And to think, a younger Pierre actually used to admire Napoleon.
Historically, the city of Moscow started burning as soon as the French occupied it. The reasons for this conflagration have been widely disputed; Tolstoy detours in War and Peace to characterize it as nothing more than the natural consequence of the occupation, when the city’s civil infrastructure has broken down and the everyday fires that spark in wooden buildings are more liable to grow out of control.
The French blamed terrorists.
A bulletin of the Grande Armee dated September 20 (Gregorian date; this corresponds to the Julian date September 8) reports on the successful efforts to bring arsonists to heel through the expedient of mass executions.
Three hundred incendiaries have been arrested and shot; they were provided with fuse six inches long, which they had between two pieces of wood: they had also squibs, which they threw upon the roofs of the houses. The wretch Rastapchin had these prepared, on the pretence that he wished to send a balloon, full of combustible matter, amidst the French army …
The fires subsided on the 19th and 20th; three quarters of the city are burned; among other palaces that beautiful one of Catherine, which had been newly furnished: not above a quarter of the houses remain. …
Manufactures were beginning to flourish at Moscow: they are destroyed. The conflagration of this capital will throw Russia one hundred years back. The weather is becoming rainy: the greatest part of the army is in barracks in Moscow.
In this paranoid occupation, the fictional Pierre, wandering Moscow armed without a good excuse, gets himself picked up by French troops.
The travail of his resulting drumhead trial offers the anti-authoritarian (and anti-death penalty) Tolstoy the opportunity to reflect on the “legal” arrangements, a passage Tolstoy dates September 8 on the Julian calendar — the same day that army bulletin above was penned.
[Pierre] learned that all these prisoners (he, probably, among them) were to be tried for incendiarism. On the third day he was taken with the others to a house where a French general with a white mustache sat with two colonels and other Frenchmen with scarves on their arms. With the precision and definiteness customary in addressing prisoners, and which is supposed to preclude human frailty, Pierre like the others was questioned as to who he was, where he had been, with what object, and so on.
These questions, like questions put at trials generally, left the essence of the matter aside, shut out the possibility of that essence’s being revealed, and were designed only to form a channel through which the judges wished the answers of the accused to flow so as to lead to the desired result, namely a conviction. As soon as Pierre began to say anything that did not fit in with that aim, the channel was removed and the water could flow to waste. Pierre felt, moreover, what the accused always feel at their trial, perplexity as to why these questions were put to him. He had a feeling that it was only out of condescension or a kind of civility that this device of placing a channel was employed. He knew he was in these men’s power, that only by force had they brought him there, that force alone gave them the right to demand answers to their questions, and that the sole object of that assembly was to inculpate him. And so, as they had the power and wish to inculpate him, this expedient of an inquiry and trial seemed unnecessary. It was evident that any answer would lead to conviction.
It’s only by Pierre’s chance ability to forge a human connection with the officer detailed to condemn him that he’s mysteriously, and arbitrarily, not sentenced to death — a fact that Pierre doesn’t even realize until he’s led out with the rest of the prisoners only to see that it’s “only” the others who are being shot. This is the narration at length from Book XII, Chapters 10-11.
On the eighth of September an officer- a very important one judging by the respect the guards showed him- entered the coach house where the prisoners were. This officer, probably someone on the staff, was holding a paper in his hand, and called over all the Russians there, naming Pierre as “the man who does not give his name.” Glancing indolently and indifferently at all the prisoners, he ordered the officer in charge to have them decently dressed and tidied up before taking them to the marshal. An hour later a squad of soldiers arrived and Pierre with thirteen others was led to the Virgin’s Field. It was a fine day, sunny after rain, and the air was unusually pure. The smoke did not hang low as on the day when Pierre had been taken from the guardhouse on the Zubovski rampart, but rose through the pure air in columns. No flames were seen, but columns of smoke rose on all sides, and all Moscow as far as Pierre could see was one vast charred ruin. On all sides there were waste spaces with only stoves and chimney stacks still standing, and here and there the blackened walls of some brick houses. Pierre gazed at the ruins and did not recognize districts he had known well. Here and there he could see churches that had not been burned. The Kremlin, which was not destroyed, gleamed white in the distance with its towers and the belfry of Ivan the Great. The domes of the New Convent of the Virgin glittered brightly and its bells were ringing particularly clearly. These bells reminded Pierre that it was Sunday and the feast of the Nativity of the Virgin. But there seemed to be no one to celebrate this holiday: everywhere were blackened ruins, and the few Russians to be seen were tattered and frightened people who tried to hide when they saw the French.
…
Pierre had been taken by one set of soldiers and led first to one and then to another place with dozens of other men, and it seemed that they might have forgotten him, or confused him with the others. But no: the answers he had given when questioned had come back to him in his designation as “the man who does not give his name,” and under that appellation, which to Pierre seemed terrible, they were now leading him somewhere with unhesitating assurance on their faces that he and all the other prisoners were exactly the ones they wanted and that they were being taken to the proper place. Pierre felt himself to be an insignificant chip fallen among the wheels of a machine whose action he did not understand but which was working well.
He and the other prisoners were taken to the right side of the Virgin’s Field, to a large white house with an immense garden not far from the convent. This was Prince Shcherbatov‘s house, where Pierre had often been in other days, and which, as he learned from the talk of the soldiers, was now occupied by the marshal, the Duke of Eckmuhl (Davout).
They were taken to the entrance and led into the house one by one. Pierre was the sixth to enter. He was conducted through a glass gallery, an anteroom, and a hall, which were familiar to him, into a long low study at the door of which stood an adjutant.
Davout, spectacles on nose, sat bent over a table at the further end of the room. Pierre went close up to him, but Davout, evidently consulting a paper that lay before him, did not look up. Without raising his eyes, he said in a low voice:
“Who are you?”
Pierre was silent because he was incapable of uttering a word. To him Davout was not merely a French general, but a man notorious for his cruelty. Looking at his cold face, as he sat like a stern schoolmaster who was prepared to wait awhile for an answer, Pierre felt that every instant of delay might cost him his life; but he did not know what to say. He did not venture to repeat what he had said at his first examination, yet to disclose his rank and position was dangerous and embarrassing. So he was silent. But before he had decided what to do, Davout raised his head, pushed his spectacles back on his forehead, screwed up his eyes, and looked intently at him.
“I know that man,” he said in a cold, measured tone, evidently calculated to frighten Pierre.
The chill that had been running down Pierre’s back now seized his head as in a vise.
“You cannot know me, General, I have never seen you…”
“He is a Russian spy,” Davout interrupted, addressing another general who was present, but whom Pierre had not noticed.
Davout turned away. With an unexpected reverberation in his voice Pierre rapidly began:
“No, monseigneur,” he said, suddenly remembering that Davout was a duke. “No, monseigneur, you cannot have known me. I am a militia officer and have not quitted Moscow.”
“Your name?” asked Davout.
“Bezukhov.”
“What proof have I that you are not lying?”
“Monseigneur!” exclaimed Pierre, not in an offended but in a pleading voice.
Davout looked up and gazed intently at him. For some seconds they looked at one another, and that look saved Pierre. Apart from conditions of war and law, that look established human relations between the two men. At that moment an immense number of things passed dimly through both their minds, and they realized that they were both children of humanity and were brothers.
At the first glance, when Davout had only raised his head from the papers where human affairs and lives were indicated by numbers, Pierre was merely a circumstance, and Davout could have shot him without burdening his conscience with an evil deed, but now he saw in him a human being. He reflected for a moment.
“How can you show me that you are telling the truth?” said Davout coldly.
Pierre remembered Ramballe, and named him and his regiment and the street where the house was.
“You are not what you say,” returned Davout.
In a trembling, faltering voice Pierre began adducing proofs of the truth of his statements.
But at that moment an adjutant entered and reported something to Davout.
Davout brightened up at the news the adjutant brought, and began buttoning up his uniform. It seemed that he had quite forgotten Pierre.
When the adjutant reminded him of the prisoner, he jerked his head in Pierre’s direction with a frown and ordered him to be led away. But where they were to take him Pierre did not know: back to the coach house or to the place of execution his companions had pointed out to him as they crossed the Virgin’s Field.
He turned his head and saw that the adjutant was putting another question to Davout.
“Yes, of course!” replied Davout, but what this “yes” meant, Pierre did not know.
Pierre could not afterwards remember how he went, whether it was far, or in which direction. His faculties were quite numbed, he was stupefied, and noticing nothing around him went on moving his legs as the others did till they all stopped and he stopped too. The only thought in his mind at that time was: who was it that had really sentenced him to death? Not the men on the commission that had first examined him — not one of them wished to or, evidently, could have done it. It was not Davout, who had looked at him in so human a way. In another moment Davout would have realized that he was doing wrong, but just then the adjutant had come in and interrupted him. The adjutant, also, had evidently had no evil intent though he might have refrained from coming in. Then who was executing him, killing him, depriving him of life — him, Pierre, with all his memories, aspirations, hopes, and thoughts? Who was doing this? And Pierre felt that it was no one.
It was a system — a concurrence of circumstances.
A system of some sort was killing him — Pierre — depriving him of life, of everything, annihilating him.
From Prince Shcherbatov’s house the prisoners were led straight down the Virgin’s Field, to the left of the nunnery, as far as a kitchen garden in which a post had been set up. Beyond that post a fresh pit had been dug in the ground, and near the post and the pit a large crowd stood in a semicircle. The crowd consisted of a few Russians and many of Napoleon’s soldiers who were not on duty- Germans, Italians, and Frenchmen, in a variety of uniforms. To the right and left of the post stood rows of French troops in blue uniforms with red epaulets and high boots and shakos.
The prisoners were placed in a certain order, according to the list (Pierre was sixth), and were led to the post. Several drums suddenly began to beat on both sides of them, and at that sound Pierre felt as if part of his soul had been torn away. He lost the power of thinking or understanding. He could only hear and see. And he had only one wish- that the frightful thing that had to happen should happen quickly. Pierre looked round at his fellow prisoners and scrutinized them.
The two first were convicts with shaven heads. One was tall and thin, the other dark, shaggy, and sinewy, with a flat nose. The third was a domestic serf, about forty-five years old, with grizzled hair and a plump, well-nourished body. The fourth was a peasant, a very handsome man with a broad, light-brown beard and black eyes. The fifth was a factory hand, a thin, sallow-faced lad of eighteen in a loose coat.
Pierre heard the French consulting whether to shoot them separately or two at a time. “In couples,” replied the officer in command in a calm voice. There was a stir in the ranks of the soldiers and it was evident that they were all hurrying — not as men hurry to do something they understand, but as people hurry to finish a necessary but unpleasant and incomprehensible task.
A French official wearing a scarf came up to the right of the row of prisoners and read out the sentence in Russian and in French.
Then two pairs of Frenchmen approached the criminals and at the officer’s command took the two convicts who stood first in the row. The convicts stopped when they reached the post and, while sacks were being brought, looked dumbly around as a wounded beast looks at an approaching huntsman. One crossed himself continually, the other scratched his back and made a movement of the lips resembling a smile. With hurried hands the soldiers blindfolded them, drawing the sacks over their heads, and bound them to the post.
Twelve sharpshooters with muskets stepped out of the ranks with a firm regular tread and halted eight paces from the post. Pierre turned away to avoid seeing what was going to happen. Suddenly a crackling, rolling noise was heard which seemed to him louder than the most terrific thunder, and he looked round. There was some smoke, and the Frenchmen were doing something near the pit, with pale faces and trembling hands. Two more prisoners were led up. In the same way and with similar looks, these two glanced vainly at the onlookers with only a silent appeal for protection in their eyes, evidently unable to understand or believe what was going to happen to them. They could not believe it because they alone knew what their life meant to them, and so they neither understood nor believed that it could be taken from them.
Again Pierre did not wish to look and again turned away; but again the sound as of a frightful explosion struck his ear, and at the same moment he saw smoke, blood, and the pale, scared faces of the Frenchmen who were again doing something by the post, their trembling hands impeding one another. Pierre, breathing heavily, looked around as if asking what it meant. The same question was expressed in all the looks that met his.
On the faces of all the Russians and of the French soldiers and officers without exception, he read the same dismay, horror, and conflict that were in his own heart. “But who, after all, is doing this? They are all suffering as I am. Who then is it? Who?” flashed for an instant through his mind.
“Sharpshooters of the 86th, forward!” shouted someone. The fifth prisoner, the one next to Pierre, was led away- alone. Pierre did not understand that he was saved, that he and the rest had been brought there only to witness the execution. With ever-growing horror, and no sense of joy or relief, he gazed at what was taking place. The fifth man was the factory lad in the loose cloak. The moment they laid hands on him he sprang aside in terror and clutched at Pierre. (Pierre shuddered and shook himself free.) The lad was unable to walk. They dragged him along, holding him up under the arms, and he screamed. When they got him to the post he grew quiet, as if he suddenly understood something. Whether he understood that screaming was useless or whether he thought it incredible that men should kill him, at any rate he took his stand at the post, waiting to be blindfolded like the others, and like a wounded animal looked around him with glittering eyes.
Pierre was no longer able to turn away and close his eyes. His curiosity and agitation, like that of the whole crowd, reached the highest pitch at this fifth murder. Like the others this fifth man seemed calm; he wrapped his loose cloak closer and rubbed one bare foot with the other.
When they began to blindfold him he himself adjusted the knot which hurt the back of his head; then when they propped him against the bloodstained post, he leaned back and, not being comfortable in that position, straightened himself, adjusted his feet, and leaned back again more comfortably. Pierre did not take his eyes from him and did not miss his slightest movement.
Probably a word of command was given and was followed by the reports of eight muskets; but try as he would Pierre could not afterwards remember having heard the slightest sound of the shots. He only saw how the workman suddenly sank down on the cords that held him, how blood showed itself in two places, how the ropes slackened under the weight of the hanging body, and how the workman sat down, his head hanging unnaturally and one leg bent under him. Pierre ran up to the post. No one hindered him. Pale, frightened people were doing something around the workman. The lower jaw of an old Frenchman with a thick mustache trembled as he untied the ropes. The body collapsed. The soldiers dragged it awkwardly from the post and began pushing it into the pit.
They all plainly and certainly knew that they were criminals who must hide the traces of their guilt as quickly as possible.
Pierre glanced into the pit and saw that the factory lad was lying with his knees close up to his head and one shoulder higher than the other. That shoulder rose and fell rhythmically and convulsively, but spadefuls of earth were already being thrown over the whole body. One of the soldiers, evidently suffering, shouted gruffly and angrily at Pierre to go back. But Pierre did not understand him and remained near the post, and no one drove him away.
When the pit had been filled up a command was given. Pierre was taken back to his place, and the rows of troops on both sides of the post made a half turn and went past it at a measured pace. The twenty-four sharpshooters with discharged muskets, standing in the center of the circle, ran back to their places as the companies passed by.
Pierre gazed now with dazed eyes at these sharpshooters who ran in couples out of the circle. All but one rejoined their companies. This one, a young soldier, his face deadly pale, his shako pushed back, and his musket resting on the ground, still stood near the pit at the spot from which he had fired. He swayed like a drunken man, taking some steps forward and back to save himself from falling. An old, noncommissioned officer ran out of the ranks and taking him by the elbow dragged him to his company. The crowd of Russians and Frenchmen began to disperse. They all went away silently and with drooping heads.
“That will teach them to start fires,” said one of the Frenchmen.
Pierre glanced round at the speaker and saw that it was a soldier who was trying to find some relief after what had been done, but was not able to do so. Without finishing what he had begun to say he made a hopeless movement with his arm and went away.
* It’s our practice (although we’re sure it’s been violated here and there) to utilize Gregorian dates universally after the mid-18th century, even for executions in Orthodox Christendom where the Julian calendar prevailed into the 20th century. For this post, seeing as it’s straight from the text of Tolstoy himself, in his magnum opus, channeling the soul of the Russian rodina, we’re making an exception: the 12-day-slower, local-to-Russia Julian calendar prevails … just like the Russians themselves did.
At the time, not many people took seriously DeLuna’s claim that a different Hispanic man named Carlos — one Carlos Hernandez — was the man who actually slashed Wanda Lopez to death in a Corpus Christi gas station on February 4, 1983.
With his friend 
In the late afternoon of October 27, the bullet-ridden bodies of fifty-seven young men were found dumped in two piles in a forest clearing on the outskirts of Yopougon. After speaking with two survivors of and several witnesses to events surrounding the massacre, Human Rights Watch researchers established that paramilitary gendarmes based at the Gendarme Camp of Abobo were directly responsible for the killings. This incident was the single worst atrocity of the election period.
