Tailwind Veteran Sues CNN/Time Over "Valley of Death" Stories.

MIAMI--(BUSINESS WIRE)--Aug. 6, 1998--

Soldier Claims Damages in Excess of $100 Million

Today, a highly decorated Vietnam War veteran filed a defamation lawsuit against Cable News Network (CNN) and Time magazine for falsely reporting that he and other U.S. soldiers killed women, children, and American defectors, and used deadly Sarin nerve gas during a secret 1970 mission in Laos called "Operation Tailwind". The lawsuit asks for damages in excess of $100 million.

Pictures of former U.S. Army Green Beret Sgt. Keith Plancich were repeatedly shown in the June 7, 1998, feature story "Valley of Death" and the follow up broadcast on June 14, 1998. This story was the premier broadcast of NewsStand, a CNN/Time production. Pictures of Sgt. Plancich were also featured in a June 15 Time magazine article, "Did the U.S. Drop Nerve Gas?"

In their reports, CNN and Time alleged that Sgt. Plancich and other members of the U.S. Studies and Observations Group (SOG) killed women, children, and American defectors that were allegedly living in a Laotian village. If the reports had been accurate, the killings and the use of the Sarin nerve gas would have been in violation of international law, and may have subjected various individuals, including Sgt. Plancich, to criminal prosecution.

CNN and Time retracted their stories in July, following a 60-page independent report by CNN consultant Floyd Abrams, an expert on constitutional law and journalism. CNN fired producers April Oliver and Jack Smith, and "reprimanded" Peter Arnett, the on-air reporter, who also took credit for the reports. CNN Senior executive producer Pamela Hills resigned. Gen. Perry Smith, a military advisor for CNN also resigned after CNN refused to retract the story following discovery of evidence which refuted the story. Following the retractions of the stories, CNN also reportedly paid substantial damages to Admiral Thomas Moorer, a retired chairman of the Joint Chiefs of Staff who had been interviewed as part of the stories. During the broadcast, Admiral Moorer was quoted as confirming the use of Sarin during "Operation Tailwind." Admiral Moorer has denied ever making such a statement.

On July 28, following a six week investigation, Secretary of Defense William Cohen declared that the military could find "absolutely no evidence" for the allegations by CNN and Time.

"The CNN and Time stories stating that Sgt. Plancich and the other members of the SOG team were guilty of international war crimes was totally irresponsible," said Edward W. Horan, a partner of the Key West law firm of Horan, Horan & Cook. Mr. Horan's firm is representing Sgt. Plancich. "We can prove that there was a deliberate disregard of information in order to make a sensational story."

Horan and his partner, Mitchell J. Cook, filed the suit in the Federal District Court, for the Southern District of Florida. The suit names CNN, Time, their parent company Time Warner, and Peter Arnett as defendants. In addition to defaming Sgt. Plancich, the suit maintains that the CNN broadcast and Time articles constituted intentional infliction of emotional distress.

"In addition to compensatory damages, we are seeking substantial punitive damages in keeping with the law's clear intent to financially punish defendants such as these, and to deter them from doing this again," said attorney Cook. "The figures we are asking for seem very high, but considering the worth of these defendants, it takes such a figure to financially punish them."

Sgt. Plancich first saw his photo on CNN's heavily promoted premier broadcast. Sgt. Plancich then telephoned CNN, identified himself as a member of the "Operation Tailwind" mission, and advised that the broadcast was false. He asked to speak with anyone associated with NewsStand, but was advised that no one would speak to him.

Sgt. Plancich, a 48-year old resident of Key West, has maintained a low profile since leaving the Army in 1971. To him, the CNN/Time broadcast was an outrageous twisting of the facts. "I felt it was a slap in the face to me and to all the men who fought and died in this operation," he said. "This broadcast was deceptive and wrong. I have given my life and my heart to my country, and to be accused of killing women and children, much less my fellow Americans, is simply devastating."

A native of the state of Washington, Sgt. Plancich joined the Army in 1968, and received special forces training. He became a Green Beret, specializing in intelligence gathering. He holds a Silver Star for gallantry in action, a Bronze Star for valor, the Army Commendation Medal, the Army Air Medal, and several Purple Hearts, having been wounded 16 times during his two year tour of duty in Vietnam.

"The true purpose of Operation Tailwind," Sgt. Plancich said, "was to learn more about the North Vietnamese Army's supply network through Laos and to disrupt its operations. We wanted to cause so much trouble that they would send troops after us, taking the pressure off another U.S. operation in northern Laos."

After entering Laos, the 16-member Green Beret contingent, which was leading an independent strike force, blew up a large ammunition center hidden beneath the trees, then located a military camp and recovered documents and maps that showed the North Vietnamese supply lines, Sgt. Plancich said.

"CNN described this camp as a *village*," Sgt. Plancich said. "In fact, this was a camouflaged operating military base on a mountain ridge with covered bunkers and tunnels. There were no civilians of any kind, no children, no Americans, there wasn't even any livestock--only heavily armed North Vietnamese troops."

Because Sgt. Plancich and the rest of his U.S. Special Operations Group were greatly outnumbered, the U.S. Air Force dropped tear gas canisters on the North Vietnamese forces to clear the team's pickup site and airlift the men out. A helicopter, containing Plancich and several other members of the operation, was shot down during the extraction. Miraculously, only one life was lost in the crash.

The Pentagon's recent report and statements from other veterans who participated in "Operation Tailwind" completely support Sgt. Plancich's account. At his July 28, 1998, briefing, Secretary of Defense Cohen stated that, "No document -- military order, after-action report, briefing paper or official military history --mentions pursuit of U.S. defectors as Tailwind's mission. While Sarin was stored in Okinawa in 1970, we found no evidence that Sarin nerve gas was ever sent to or used in Vietnam or Laos.." He called the CNN/Time story "irresponsible" because it presented such serious charges without evidence.

In addition to clearing his reputation, the reputation of the other Green Berets and the members of the U.S. Marine Corps that assisted in the extraction and rescue efforts, Sgt. Plancich hopes his lawsuit will ultimately result in the creation of an educational foundation to help the children and grandchildren of his old special forces team as well as the Marines involved in Tailwind. "CNN/Time did these men a terrible injustice," he said. "This is an opportunity to balance the scales of justice."

Horan, Horan & Cook has represented other high-profile clients, such as winning the U.S. Supreme Court case for Melvin Fisher, and Fisher's company, Treasure Salvors, Inc., who found the sunken Spanish galleon Nuestra Senora de Atocha. The firm specializes in complex litigation against the state and federal government and has handled numerous federal civil rights cases.

For more information, contact Allison C. Ward, 305-445-6220.

    CONTACT: Allison C. Ward, 305/445-6220