JUNE 8, 2006

Rep. Jim McDermott (WA-D) announced today that a bi-partisan breakthrough has been reached that paves the way to re-open and resolve the cases of 28 African American soldiers convicted in the court martial arising from an incident at Fort Lawton, in Seattle, during World War 2, in which an Italian prisoner of war died.

“Justice delayed is no longer denied,” McDermott declared in announcing an agreement with Rep. Duncan Hunter, the Republican Chairman of the House Armed Services Committee.

McDermott, whose congressional district includes Fort Lawton, had introduced H.R. 3174, which directed the Secretary of the Army to expeditiously review the cases of all 28 soldiers convicted en masse following the August 14, 1944 incident, and to correct the military record of any individual as necessary to correct error or injustice.

The agreement reached with Hunter, to be implemented immediately, achieves the same end, but through different means. Under this agreement, the Army Board of Correction of Military Records (ABCMR) has set up a specific point of contact to review all cases. The ABCMR has the authority to review the cases and overturn the convictions, McDermott explained. Representatives McDermott and Hunter have ensured that the ABCMR will have all necessary information for a full and complete review of each case. In the original trial, certain information was not available to the defendants, and this may have affected the outcome of their trials.

“The four soldiers still alive, as well as the families of those who have passed, can appeal their cases to one person in the military who will have full authority to render a decision,” McDermott said adding, “I think there is reason to believe that many of these soldiers may have been victims of racial injustice. We need to know, and we need to redress any error or injustice.”

If a soldier was found to have been wrongly convicted, not only will their record be corrected, but there may also be cause for financial restitution of pay and benefits, according to McDermott.

Evidence of a miscarriage of justice first came to light in the 2005 publication of On American Soil by Seattle author/journalist Jack Hamann. His book unearthed troubling revelations surrounding the court martial of the 28 soldiers who were denied vital evidence at the time that may have exonerated some of them. The book has received literary acclaim, as well as congressional interest.

“On American Soil is an important book of investigative journalism that demanded attention,” McDermott said. “I barely finished reading it before I directed my staff to prepare legislation to re-open the cases.

“We have achieved our goal with the agreement reached with Chairman Duncan Hunter, who shared my concerns and worked cooperatively to find a solution that could be implemented quickly, fairly and effectively,” McDermott said.

McDermott said his staff as well as Mr. Hamann and others will contact those involved so that they know firsthand of their rights and what they need to do to file an appeal.

“Today, we have spoken loudly with one voice that we will not tolerate racial injustice and every American is entitled to equal protection under the law,” McDermott said.