Four San Diegans Are on Navy Jury Chosen for Captain’s Court-Martial

Six Navy captains, four of them from San Diego, were chosen Friday to sit as a jury in the court-martial of Capt. Alexander Balian, who is charged with dereliction of duty for failing to rescue Vietnamese refugees who were adrift last June in the South China Sea.

The six officers were chosen from a panel of eight after four hours of questioning. They were asked repeatedly by Balian’s lawyer if they believe that commanding officers should be held accountable for the actions of their crews.

Incorrect Information

Balian has said that crewmen of his ship, the amphibious transport dock Dubuque, gave him incorrect information about the condition of the refugees in the course of an encounter with their vessel. Balian gave the refugees food, water, maps and directions to the nearest land, but decided not to take them on board his ship.

The refugees, who had been at sea 18 days, drifted for 19 more days after the June 9 encounter with Balian’s ship. Some have said they resorted to cannibalism in order to survive. Of the 110 on board when the junk left Vietnam, 52 survived. They were rescued by Philippine fishermen.

The six captains selected for the court-martial said they believe strongly in the accountability of commanding officers but conceded that there could be exceptions. All six said they felt that at times they had been unfairly second-guessed by superior officers. Several said they had rescued Vietnamese refugees at sea.

Balian’s lawyer, Dan Donato of San Diego, used his only peremptory challenge to excuse Capt. Michael E. Fitzgerald, commander of a logistics group in San Francisco, after lengthy questioning about his views on accountability.

Fitzgerald said at one point, “All the fiber of my career says the commanding officer is responsible for things in his command.”

The judge, Capt. James A. Freyer, turned down a defense request that Fitzgerald be dismissed for cause. Donato argued that Fitzgerald had already made up his mind about the case and could not give Balian a fair hearing.

“Clearly he felt the commanding officer is responsible for everything, no matter what,” Donato said.

Offered No Reason

Navy prosecutors used their peremptory challenge to excuse Capt. Larry J. Andrews, commander of a minesweeping unit in Seattle. Andrews said under questioning that he had heard from other commanding officers that the Dubuque was “particularly responsive to their needs.”

Lt. Cmdr. Raymond H. Carlson, the chief prosecutor, offered no reason for the challenge.

Under court-martial procedure, prosecution and defense are both permitted only one peremptory challenge, which can be used to dismiss any potential member of the court without explanation.

The six officers selected are Capts. Robert L. Klein of a surface-ship readiness support group in San Diego; Lawrence B. Blumberg, commander of a destroyer squadron in San Diego; Carl A. Weegar, commander of a naval beach group in San Diego; Howard S. Stoddard, commander of an amphibious squadron in San Diego; William C. Fox, commander of fleet activities in Korea, and Ronald F. Walters, commander of a sea-lift command in Yokohama, Japan.

They will begin hearing testimony Monday from about 30 people who are expected to be called as witnesses.

In Navy courts-martial, jurors are chosen from among military personnel with the same rank or higher than that of the defendant. The jury hears evidence, then makes a finding as to guilt. If a guilty verdict is reached, the jury then issues a sentence of punishment.

The judge rules on matters of military law during the trial and ensures that all military court-martial procedures are carried out properly.