NOT GUILTY! by Tim Bates
After 2 hours of deliberation, on Monday, January 30, 2006, the jury came in with a verdict of “Not Guilty” on all counts against Col. Dan Marvin, author and Kris Millegan, publisher. This vindicates Col. Marvin and his book. The jury weighed the overwhelming evidence and said, basically, the book “Expendable Elite” is non-fiction. This confirms what many of us who have read the book say; the men of camp A-424 in An Phu, Viet Nam are heroes and deserve a nation’s thanks for their service.
This trial, which lasted 5 days, has tested Col. Marvin and Kris Millegan to the very limits of endurance. It has put an unbelievable financial burden on them but they trusted in the Lord first of all, and the system to find the truth.
The jury listened to the material presented in court by both sides. The men that served under Col. Marvin’s command during the time of the book testified that none of the events in the book were true. To a man, they stated the statements they gave to Dan were “just stories” to spice up the book. But when the jury listened to the audiocassette tapes the men sent to Dan, at every instance, they spoke of their good memory of what happened with words like “I remember” and “I recall”. Many times they said to add things about the firefights, mortar attacks and heroism of the Hao Hoa people. Time and time again the words on the tapes spoke of the closeness of the men and their dedication to the mission. After the tapes were played the men would then swear under oath that all the statements on the tapes were fabrications. The most saddening moment was when John Strait denied that Col. Marvin saved his life. On the tapes, Mr. Strait spoke of how grateful he was that Col. Marvin “saved his a__”. Dan had pulled John Strait into a trench as a mortar round hit just a few feet away. Under oath he now denies it happened.
All through the trial Col. Marvin and Kris Millegan were dressed in suits and ties showing respect for the Federal Court. Dan always had on service pins showing his pride in his military career. All of the plaintiffs were dressed as though they were ready to go bowling. They never dressed to acknowledge the Court or the judge. Few of the plaintiffs wore anything that let you know these were career military men that had given most of their lives to protecting America. It was sad that they did not find pride in letting America know that they purchased the freedom we have with their time and dedication.
The many witnesses for the plaintiffs spoke of what was in the book. A Judge Advocate General for the Army that commanded many military lawyers said some of the things in the book might have been illegal as far as military justice and international law is concerned. On cross-examination by the defense attorney he admitted that independent missions sometimes work outside the law. He also admitted, under oath, that rarely would a soldier “following orders” on a mission be prosecuted. The JAG stated he knew of no soldier ever brought to trial in a case like this and because of the deniability of the orders, commanders would lie under oath and disavow any knowledge of the mission. Several other witnesses were called that had little or nothing to do with the case or were even in Viet Nam at the time.
It was very heartwarming to see a few loyal supporters stand by Dan and Kris throughout the entire ordeal. A Special Forces soldier from another state came to see the trial because he had read about it in the paper. He, too, had been on an independent mission in Southeast Asia. His small group of men paid a very heavy price as many of them did not come home. He has never spoken of the mission in almost 40 years and said he never would.
It is a fact that was brought out in court that the Special Forces Association financed the entire lawsuit against Col. Marvin and Mr. Millegan. One of the plaintiffs’ lawyers, Bobby Deaver, incorporated the Association. One can only wonder why this association would get involved in a personal legal battle that has nothing to do with a fraternal organization. I wonder how many members know how much of their dues went to fund this fight. The letters from the Special Forces Association to Kris Millegan stated they, SFA, had hard evidence to prove the book was nothing but lies. We can only imagine if the evidence presented in court was all they had. I also wonder if the members of the SFA agreed to the spending of their dues for this lawsuit that had to cost in excess of $100,000. With the truth coming out in court, maybe the association will get the truth and decide to go in a new direction with new leadership. I would hope Col. Marvin receives an apology in the SFA newsletter, “The Drop” but I won’t hold my breath.
There is one thing that must be said. The men that served in An Phu are heroes. The work that they did in befriending the local people was above and beyond the call of duty. The civic action that was performed was unbelievable. From building infirmaries and schools to health care and defending the area, every man did more than was thought possible. The battles they fought, when outnumbered, would cause most to run in fear. Anyone saying they would be that brave is speaking from inexperience. No one knows the courage they will have in a situation like these men faced. But then, to make a career in the Special Forces, knowing you are volunteering to do it again and again is more than I would be able to face. I salute the men of camp A-424 that served in An Phu. You are truly heroes. Our country thanks you. Be proud of what you have done and speak the truth.
This trial, which lasted 5 days, has tested Col. Marvin and Kris Millegan to the very limits of endurance. It has put an unbelievable financial burden on them but they trusted in the Lord first of all, and the system to find the truth.
The jury listened to the material presented in court by both sides. The men that served under Col. Marvin’s command during the time of the book testified that none of the events in the book were true. To a man, they stated the statements they gave to Dan were “just stories” to spice up the book. But when the jury listened to the audiocassette tapes the men sent to Dan, at every instance, they spoke of their good memory of what happened with words like “I remember” and “I recall”. Many times they said to add things about the firefights, mortar attacks and heroism of the Hao Hoa people. Time and time again the words on the tapes spoke of the closeness of the men and their dedication to the mission. After the tapes were played the men would then swear under oath that all the statements on the tapes were fabrications. The most saddening moment was when John Strait denied that Col. Marvin saved his life. On the tapes, Mr. Strait spoke of how grateful he was that Col. Marvin “saved his a__”. Dan had pulled John Strait into a trench as a mortar round hit just a few feet away. Under oath he now denies it happened.
All through the trial Col. Marvin and Kris Millegan were dressed in suits and ties showing respect for the Federal Court. Dan always had on service pins showing his pride in his military career. All of the plaintiffs were dressed as though they were ready to go bowling. They never dressed to acknowledge the Court or the judge. Few of the plaintiffs wore anything that let you know these were career military men that had given most of their lives to protecting America. It was sad that they did not find pride in letting America know that they purchased the freedom we have with their time and dedication.
The many witnesses for the plaintiffs spoke of what was in the book. A Judge Advocate General for the Army that commanded many military lawyers said some of the things in the book might have been illegal as far as military justice and international law is concerned. On cross-examination by the defense attorney he admitted that independent missions sometimes work outside the law. He also admitted, under oath, that rarely would a soldier “following orders” on a mission be prosecuted. The JAG stated he knew of no soldier ever brought to trial in a case like this and because of the deniability of the orders, commanders would lie under oath and disavow any knowledge of the mission. Several other witnesses were called that had little or nothing to do with the case or were even in Viet Nam at the time.
It was very heartwarming to see a few loyal supporters stand by Dan and Kris throughout the entire ordeal. A Special Forces soldier from another state came to see the trial because he had read about it in the paper. He, too, had been on an independent mission in Southeast Asia. His small group of men paid a very heavy price as many of them did not come home. He has never spoken of the mission in almost 40 years and said he never would.
It is a fact that was brought out in court that the Special Forces Association financed the entire lawsuit against Col. Marvin and Mr. Millegan. One of the plaintiffs’ lawyers, Bobby Deaver, incorporated the Association. One can only wonder why this association would get involved in a personal legal battle that has nothing to do with a fraternal organization. I wonder how many members know how much of their dues went to fund this fight. The letters from the Special Forces Association to Kris Millegan stated they, SFA, had hard evidence to prove the book was nothing but lies. We can only imagine if the evidence presented in court was all they had. I also wonder if the members of the SFA agreed to the spending of their dues for this lawsuit that had to cost in excess of $100,000. With the truth coming out in court, maybe the association will get the truth and decide to go in a new direction with new leadership. I would hope Col. Marvin receives an apology in the SFA newsletter, “The Drop” but I won’t hold my breath.
There is one thing that must be said. The men that served in An Phu are heroes. The work that they did in befriending the local people was above and beyond the call of duty. The civic action that was performed was unbelievable. From building infirmaries and schools to health care and defending the area, every man did more than was thought possible. The battles they fought, when outnumbered, would cause most to run in fear. Anyone saying they would be that brave is speaking from inexperience. No one knows the courage they will have in a situation like these men faced. But then, to make a career in the Special Forces, knowing you are volunteering to do it again and again is more than I would be able to face. I salute the men of camp A-424 that served in An Phu. You are truly heroes. Our country thanks you. Be proud of what you have done and speak the truth.
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