Captain Wants Bosses To Testify

Military lawyers want Defense Secretary William Perry and Air Force Secretary Sheila Widnall to explain why a junior Air Force officer is the only person to face court martial for last year’s accidental downing of two U.S. Army helicopters over Iraq.

Attorneys for Capt. Jim Wang want to compel the testimony of Perry and Widnall about a December Pentagon meeting. They want the two to be summoned to a Feb. 14 pretrial hearing at Tinker Air Force Base in Oklahoma City.

Wang was the crew director aboard an E-3 Airborne Warning and Control plane that lost track of two U.S. Army Blackhawk helicopters carrying 26 American, British, French, Turkish and Kurdish officials.

All died in April when two U.S. Air Force F-15 Eagle pilots mistook the Blackhawks for Sovietmade Hind helicopters being flown by Iraqi pilots. The “friendly fire” tragedy occurred in a “no-fly” zone for Iraqi aircraft in Northern Iraq that was established after the 1991 Persian Gulf War to protect Iraq’s Kurdish minority.

Although there were reprimands and censures for the senior officers responsible for the disaster, only Wang, who is charged with dereliction of duty, faces the possibility of jail, dishonorable discharge and fines. Criminal charges against one of the F-15 pilots were dismissed in December.

One of Wang’s lawyers, Air Force Capt. Gerald Williams, said news accounts of the December meeting between Perry and Widnall indicate “unlawful command influence” by the two.

Williams and Air Force Maj. Donald Holtz said they will seek a court order for the appearance of Perry and Widnall.

There are conflicting versions of the meeting in Perry’s office.

According to Air Force sources, who spoke on condition they not be identified, Widnall had decided to exercise her authority to halt courtmartial proceedings against Wang. But at the last minute she had misgivings about acting alone, sources said. Instead, they said, Widnall sought to have Perry decide, even though, under the U.S. Code of Military Justice, it was a matter expressly for the secretary of the Air Force to decide.

“We were surprised she would raise the issue with Perry during a meeting where a number of people were present,” said one senior Air Force officer who was informed about the meeting.

Perry refused Widnall’s request, Air Force officials said. A few days later Widnall changed her mind, these officials said. She approved a recommendation by the Eighth Air Force and Lt. Gen. Stephen Croker to proceed with charges against Wang.

Perry’s spokesman, Ken Bacon, denied that Widnall sought to have Perry decide Wang’s fate. “(Perry and Widnall) did meet, and they did discuss options in the matter,” Bacon said. Perry has yet to hear from Wang’s lawyers about testifying at the hearing, Bacon said. There was no comment from Widnall.