ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, January 25, 1996 TAG: 9601250044
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
DATELINE: WUERZBURG, GERMANY
SOURCE: Associated Press
A U.S. soldier whose refusal to serve under U.N. command was lauded by conservatives but called a potential ``cancer'' by the Army, was convicted of disobedience Wednesday and given a bad-conduct discharge.
Spc. Michael New, 22, is the first American serviceman court-martialed for refusing to accept foreign command on a United Nations operation.
The jury could have slapped New with a dishonorable discharge, six months' incarceration and a loss of pay. New's attorney said he thought the less-severe sentence indicated the jury believed New's concerns were legitimate.
New, a medic from Conroe, Texas, stood impassively as the seven-man jury returned the verdict after 20 minutes of deliberation.
Outside the courtroom at Leighton Barracks U.S. Army base, New smiled again when reporters asked him how he felt, but he did not answer any questions. His attorneys said he would appeal.
New's case has been championed by American conservatives who oppose placing U.S. armed forces under United Nations command. About 100 congressional representatives, including Senate Majority Leader Bob Dole, have sponsored legislation making it illegal to order an armed-services member to wear U.N. insignia.
U.N. officials in Geneva declined to comment on the case Wednesday, saying it was against policy to discuss member states' court decisions.
New's father, Daniel, said the verdict was a foregone conclusion.
``We certainly were not surprised because, frankly, no military court is qualified to rule on something of this constitutional importance,'' he said from Texas. ``We're ready to go to federal court.''
The elder New said that when his son was told he could be court-martialed and lose his benefits for refusing to wear the U.N. gear, his son replied: ``If I have to go to prison, I'll go, and why would I want those benefits if I have them in a country that isn't free?'''
Daniel New brought wide attention to his son's case by being a guest on radio talk shows.
New's mother went to Germany to plead for clemency. Her son ``always loved his country,'' Suzanne New told the court-martial.
In October, shortly before his unit shipped out from Germany to be part of a U.N. monitoring mission in Macedonia, New refused to wear the U.N. insignia.
New has said he was willing to go to Macedonia, but that it was unconstitutional for him to wear U.N. gear or answer to the general designated to head the U.N. operation.
In December, New told the military's Stars and Stripes newspaper that the decision to reject the U.N. insignia was ``pretty simple to me.''
``I am not a political person,'' he said. ``I made my decision based on my beliefs and the ideals I have been taught.''
Prosecutor Capt. Gary Corn said New had committed a crime ``against the good order of the U.S. Army.''
In closing arguments, Corn said there was fear that New's conduct could spread like a ``cancer'' through the unit if it were not punished.
LENGTH: Medium: 64 lines ILLUSTRATION: PHOTO: Spc. Michael New/Wouldn't wear U.N. insignia. color.by CNB