In sky without clouds a military drone passed by
We never used to think this odd or wonder why.
We learned of them over other lands for our security
They even photograph where our children play.
But now at our homes they invade our privacy.
Government drones can see whatever they want now
We have the right to protest but who knows how?
Innocent children, elderly, and weddings demolished
An international court should order them abolished.
Jurisdiction over war crimes some say is a slippery slope
Don’t give that authority to foreigners or you are a dope.
Many have protested having to jump through hoops
While government argues it’s cheaper than using troops.
So we can’t have any say in who or how we kill?
This is madness against thinking people’s will.
ISIS and others recruit using these abusive facts.
Why won't a world entity stop this war crime in its tracks?
We are left with having to spread the word far and wide.
You are killing innocents with drones against a rising tide.
We hope a justice tribunal will on this villainy convene
And rule these acts are cruel war crimes and obscene!
(War Crimes Tribunal "The Hague")
Daniel C. Lavery
Beginning at the Traveling Wall in Austin, Texas, a smaller replica of the National Vietnam Memorial, Richard Pena expresses a somber emotion for those who died in Vietnam seeing a woman's tears. He knew her pain would never cease. Pena was on the last plane out of Vietnam after spending a tour as a medic in Saigon. His photo was taken by a Viet Cong soldier when that final plane left. He recognized himself carrying his law school brief case upon returning with a delegation at the War Remnants Museum in Ho Chi Minh City in 2003. Pena's journal entries while serving from 1972 to 1973 as an Operating Room Specialist are aided by John Hagan, author of nine books and many articles as professor of Sociology and Law, Northwestern University, who comments on the context of Pena's story in history with references.
Author Richard Pena pointing to himself entering the last plane out of Saigon
Pena's parents were proud of their Hispanic heritage and taught him by example. His father won a Silver Star for his service at Iwo Jima. Pena won best all-around high school athlete in San Antonio, Texas. He attended University of Texas at Austin when students burned their draft cards and protested the Vietnam conflict. The My Lai massacre struck raw nerves his senior year. Soon at Kent State National Guardsmen killed four students and wounded more wrenching America. His low lottery number made it certain he would be drafted. He tried to fail his physical but they were taking anyone who breathed then and entered the Army, June 14, 1971 as one of the last drafted.
Pena arrived at the 3rd Field Hospital in Saigon during the North Vietnamese siege of An Loc when they shot down four aircraft and killed nearly all the residents a few months before Nixon's presidential election during an opportunity for peace talks to resolve the conflict. His objections to pressing for peace were politically motivated as Humphrey would have gained substantial support as a peace candidate despite his role with LBJ. Nixon's voice on tape in the oval office showed he proposed nuclear weapons to succeed but Kissinger replied he thought it would be too much. Nixon said, "I don't give a damn" about civilians killed by U.S. bombing USA Today reported February 28, 2002. While peace was possible Nixon refused to press for it and made the South Vietnamese think if he were president they would get a better deal prolonging the war needlessly and causing more than 20,000 more American deaths.
Pena called Vietnamization a catastrophe demonstrated graphically as he arrived. Young ARVN (Army of the Republic of Vietnam) troops threw down their weapons and fled with villagers as the North Vietnamese launched an unprecedented invasion. They expected 200 or so casualties but 2000 marched toward a 100 bed hospital 60 miles away. However many were mortared by Communists on Highway 13 and others accidentally killed by our B-52s. The Air Force accidentally missed the Communists and hit a South Vietnamese village! Pena joined a group of fifteen who worked the Operating Room confronted by death who built a strong companionship.
Soon a C-130 aircraft crashed from mechanical failure causing them to expect many casualties. Burn patients were the worst, difficult to look at, tough to treat, and many died. The first soldier's face appeared plastered red, hair and eyebrows burned away, red burns ran the length of his young body. He had a wife and young child.They smeared Sulfamylon cream over him feeling helpless. His coworker said he would soon die. A sergeant arrived with a broken ankle and numerous lacerations. These professionals knew the risks but it is for the young whom Pena felt the most sorry. The lifers have some control but not the draftees. The sergeant wanted to know how many survived but Pena couldn't tell him only three made it. Pena wondered how many were on the plane and learned there were forty five. The government released only the number fourteen. Such lies insulted Pena and the others. It added brainwashing to misinformation.
An allied Cambodian arrived by air in desperate condition and needed a transfusion from someone with B positive blood. Pena readily provided it as the only one with that type. The doctors said he couldn't survive the operation, yet he wouldn't live without one! They amputated his left leg and blood splattered all over the floor. A nineteen year-old soldier was shot in the head and died from his wound. An American asked him for a cigarette but he didn't have one, so he shot him in the back of the head at point blank range with a .38 pistol. A clean-cut man named Holley had a wife he never cheated on but once. He was found the next morning in a lover's embrace as the girl had put ground-up glass in his food, the sixth American that girl killed. Soon we understand how Pena felt an impermanence sweep over him and all his previous concerns seemed small and unimportant. Much later Pena became President of the American Bar Foundation and State Bar of Texas. His practice started as a solo attorney for the common person, without an office using an old beat up car. He felt his experience in Vietnam gave him the courage, willpower and confidence to stand up against injustice and fight for his clients. "It was the road less traveled, but it was my road." Published 2014 by Story Merchant Books, 9601 Wilshire Blvd. # 1202, Beverly Hills, Ca 90210
Bio: VVAW member Daniel C. Lavery graduated Annapolis, navigated a Navy jet, and a ship, turned peace activist and became a civil rights lawyer for Cesar Chavez's UFW. His memoir, All the Difference, describes his experiences:
Review of Greta Marsh’s Frankie and Jonny and Mommy too, by Daniel C. Lavery, Written for VVAW’s “The Veteran”