Court-martial of Billy Dean Smith

[4] The term fragging emerged during the Vietnam War, when the occurrence of these incidents reached unprecedented numbers and were often committed or attempted using a fragmentation or hand grenade.

"[7] Within just a few months he had been given three Article 15 non-judicial punishments by his commanding officer for "minor infractions" and was being processed for discharge for "unsuitability and unfitness".

[3] One of Smith's Article 15 punishments was for unsatisfactory shaving, an offence often overlooked in front line combat zones.

Smith's commanding officer, Captain Randall Rigby, arrived at the scene and immediately claimed he and his first sergeant, Billy Willis, "were the intended victims" because they "were to have slept in the barracks that night".

More, the Captain and his first sergeant decided the "only logical guilty party was the black GI with the 'bad attitude', Billy Smith."

Willis made explicit their reasoning during the court-martial: Smith "was the only man I had problems with and his was the first name that popped into my head".

It drew media attention from around the United States and internationally because it was the first case of fragging ever tried in the U.S., plus the prosecution was arguing for the death penalty.

[10][11] Smith was represented pro bono by Luke McKissack, a well known civil rights lawyer, and the actor Burt Lancaster contributed money to his defense.

"[13][14] The defense agreed with the prosecution that Smith was charged "because he had been a disciplinary problem", and they also contended he was singled out because he was Black and openly against the war.

[15][16] The defense also pointed out that it made no sense for Smith to try to kill the very commanding officer who was trying to get him sent home for being a disciplinary problem.

Louis Monaco, who was on Smith's defense team, explained the contradiction in a filmed interview: The "commanding officer decided that he must have been the target, because he was planning to send Billy home.

One of them, "a firearms and tool marks identification expert for the Institute of Forensic Sciences" and former police officer said, "I can take two pins pulled apart at random...and make a better match than is represented here.

"[11] The court-martial jury deliberated for less than six hours and found Smith innocent of all but the most minor charge of resisting arrest (which was later overturned on appeal).

In 1975, the Army Court of Military Review threw out the conviction arguing that since he knew he was innocent of the charges he had a right to resist arrest.

"[11] Smith read an official press statement on November 15, 1972, which included: One of the questions which has been asked of me repeatedly since my acquittal yesterday at Fort Ord concerns how I feel about the system of 'military justice'.

If I had been tried in Vietnam, or if I had failed to receive tremendous popular support throughout the world, or if I did not have a brilliant attorney like Luke McKissack, I would have been railroaded.