could then face perjury charges. These witnesses offer to make statements in extenuation and mitigation if a guilty verdict is given. Tyson considers testifying but realizes it will be better to make a statement in the sentencing phase. The defense rests without calling any witnesses. There is a lengthy wait in which Tyson rejects seeing his family. The court members find Tyson guilty (2/3 concurring). Chet Brown meets with Tyson and tells him that if he reads a given statement he will be pardoned and serve no jail time. Corva also learns that the Army has found Dan Kelly, Tyson's radiotelephone operator. Kelly's testimony is similar to Brandt's but with glaring differences. He first explains Tyson's sarcastic order to shoot the civilians the morning of the Hue massacre. He explains how it was Tyson's men who were overly aggressive in attacking them and that Tyson was irate and sarcastically left them with that remark. In fact, Kelly even reports on hearing Simcox and Farley talking about how Tyson is "too soft of the gooks." Kelly also explains how earlier, he and Tyson found Brandt raping young adolescent Vietnamese. As punishment, Tyson kicked and threw Brandt into water filled with leeches. Brandt was then cared for and Tyson returned that night to him and told him that if he did not report back to his platoon he would be court-martialed on a variety of charges. Upon hearing the beginning of this, Brandt leaves the courtroom. Kelly then explains the Hue Massacre. Colonel Sproule the judge, interrupts him, asking why he did not mention the death of Larry Cane outside the hospital. Kelly responds that this is because Cane was still alive in the hospital. Kelly explains how Peterson was dying at the feet of Tyson, begging for help. After the doctor refused to treat him, Tyson slapped him. Farley and Beltran then put Peterson on a hospital bed. An Australian then came into the room shouting obscenities at the American soldiers and America in general. Larry Cane screamed at him and then shot him. Beltran then shot two North Viets. Cane then fired his M-16 all over. Kelly and Tyson dove on the floor. Tyson drew his pistol, aimed it at Cane, and ordered him to drop his rifle. He didn't and Tyson shot him dead. Kelly then goes on explaining how pandemonium ensued, how Farley was livid that Tyson shot