Salvadoran ex-generals on trial
Families of four U.S. church women who were slain in 1980 are
suing Gen. José
Guillermo García and Gen. Carlos Vides Casanova under
a federal war crimes
victims act.
ELINOR J. BRECHER
Calling the 1980 deaths of four American church women in El Salvador
``brutal
murders'' and a ``horrible atrocity,'' a Palm Beach federal judge
Tuesday began
the civil trial of two former top Salvadoran military officials
being sued under
international law by the victims' families.
But in impaneling a jury of six women and four men, U.S. District
Judge Daniel
T.K. Hurley stressed that the deaths were not the issue; others
had been
convicted and sentenced for the crime, he explained.
The jury will decide whether Gen. José Guillermo García,
former defense minister,
and Gen. Carlos Vides Casanova, then national guard director,
should be held
liable for the actions of subordinates.
Five Salvadoran soldiers raped, tortured and shot to death Sisters
Ita Ford, Maura
Clarke and Dorothy Kazel, and lay missionary Jean Donovan.
The civil trial is expected to last through the end of the month.
The relatives are suing for at least $1 million under the 1992
federal Torture Victim
Protection Act.
The law permits war crimes victims or their survivors to sue high-ranking
government officials who, as Hurley said, ``authorize, tolerate
or knowingly ignore''
their subordinates' heinous acts.
The soldiers were sentenced to prison in the women's deaths, which
occurred
during a bloody civil war that claimed an estimated 20,000 civilian
lives, including
Archbishop Oscar Romero.
Among dozens of plaintiffs' witnesses expected to testify are
Robert White, the
American ambassador at the time; former Salvadoran military junta
figure Col.
Adolfo Majano; United Nations officials; religious-order members;
and journalists,
including photographer Susan Meiselas, whose widely circulated
still photo of the
women's bodies, exhumed from shallow graves as White looked on,
is likely to be
shown by plaintiffs' lawyers in opening arguments today.
A 1993 U.N. report concluded that both defendants were complicit
in the deaths:
Vides Casanova because he knew guardsmen had killed the women
but covered
up their actions; and García because he failed to vigorously
investigate the
perpetrators.
After Hurley dismissed the jury Tuesday, the plaintiffs' lawyers,
Bob Montgomery
and Bob Kerrigan, showed the gruesome photograph as well as video
of the
exhumation in which peasants drag the bodies in the dirt with
ropes.
Hurley agreed with defense attorney Kurt Klaus that Montgomery
and Kerrigan
could not show the video during opening arguments but might be
able to use it
during the trial.
Vides Casanova and García glanced impassively at the images
on a giant screen,
listening on headphones as Pilar Nelson, a simultaneous interpreter,
explained
the attorneys' arguments.
Both men live in Florida: García in Plantation, Vides Casanova
in Palm Coast
north of Daytona Beach.
Their legal resident status in the United States troubled at least
one prospective
juror, a woman who said she would have trouble being fair to
the defendants
because she didn't feel they had a right to be here.
Hurley excused her from serving, as he did others who said their
Catholic faith
might influence their decision.