Airman: Order Was To 'Hold Fire'

(CBS)  A U.S. pilot charged with involuntary manslaughter in the accidental bombing deaths of four Canadians in Afghanistan was under orders to hold fire when he dropped the bomb, a fellow airman testified Friday.

Maj. John Milton testified in a hearing to determine whether two members of his Illinois National Guard squadron should be court-martialed for the friendly fire incident last spring. Majs. Harry Schmidt and William Umbach face up to 64 years in a military prison if convicted.

On a videotape of the bombing played by Air Force lawyers on Friday, a flight controller is heard saying "hold fire" after Schmidt requests permission to fire his 20 millimeter cannons. Schmidt had spotted fire on the ground and thought Umbach was under attack.

Milton testified that the order meant Schmidt must refrain from attacking.

Four seconds after the order, Schmidt dropped the guided bomb, killing the four Canadians, who had been performing anti-tank exercises with live ammunition. Eight other soldiers on the ground were wounded.

Five of the survivors have testified at the hearing that they were not firing into the air at the time.

Defense attorneys have said that the pilots thought they were under fire from the Taliban or al Qaeda and that a breakdown in communications prevented the pilots from knowing allied troops were in the area.

In testimony late Thursday, Milton said the gunfire that Schmidt saw did not appear to be anti-aircraft artillery. Milton also said Schmidt was flying too low and too slow.

Tactical guidelines direct pilots to fly faster and higher to escape anti-aircraft artillery, Air Force officials have said.

Milton, who has flown similar missions over Afghanistan, was not involved in the April 17 incident. He was called as a government witness to explain, as a pilot, how he understood the order. He has testified he "is biased" in his colleagues' favor.

The airman's testimony gels with the Pentagon report on the incident.

"While attempting to get the coordinates, the wingman requested permission to fire on the location with his 20mm cannon. (Controllers) told him to standby and later requested additional information … along with directing him to hold fire," the report alleges.

"The wingman gave the information and immediately declared that he was 'rolling in in self-defense.' He then released a 500 pound laser-guided bomb that impacted on a Canadian firing position," it continued. "When the two F-16s landed, they were told they had released a bomb on friendly forces."

Also Thursday, an Air Force commander testified that Schmidt and Umbach had received standing orders warning that allied troops would intermittently use live ammunition.

Col. Lawrence Stutzriem said it was "very clear" the live-fire maneuvers could be held on a firing range called Tarnak Farm, about 3 miles from the Kandahar airfield.

While questioning Stutzriem, defense attorneys played a videotape of the accident to try to show the pilots believed the military had placed no restrictions on the use of weapons in the area.

The defense has also contended Air Force-issued amphetamines taken by the pilots to prevent fatigue may have impaired the pilots' judgment. The Air Force says use of the pills is voluntary.

At a news conference outside the hearing room Thursday, Col. Peter Demitry, an Air Force flight physician who works in the surgeon general's office, defended the use of the amphetamine Dexedrine. Demitry said he prescribes the drug in doses small enough to only give a "mild stimulant effect."

Demitry insisted the pills do not affect judgment. A pilot who refused them would not be reprimanded, he added.

Schmidt is a combat-decorated Navy pilot who transferred to the National Guard in 2000. Umbach is a United Airlines pilot who had served in the Air Force. The pilots are also charged with aggravated assault and dereliction of duty.

After the hearing, expected to last two weeks, a commanding officer will decide if the pilots will be court-martialed.