Allegations
There were many conflicting allegations against Major Đặng which made the case difficult[1]. No one at the trial could prove the accusations and Major Dang made no confessions which warranted his subsequent condemnation[8]. Nonetheless, General Khanh, influenced by Thich Tri Quang, imposed a hard labor life sentence on Major Dang[10].
Accusations
Major Đặng was accused of using deadly forces, without superior orders, against unarmed civilians such as: ordering his soldiers to fire directly at people, deployment of live munition such as grenades and guns, and used armored vehicles to crush opposition. Witnesses recounted that Major Đặng threw two grenades while his troops threw one into the crowd[2]. The Provincial head, Nguyễn Văn Đẵng, testified that he did not order Major Dang to use force, and his Buddhist belief would never allow him to inflict violence against peaceful Buddhist demonstrators[3]. The government prosecutors presented records of munition issued, including rubber bullets, live ammunition, blast grenades ...etc...[9], as Major Dang testified he was given only a bullet proof vest, required for commanding officer on the field, and concussion grenades and blanks for his troops[3]. Government prosecutors drove to the conclusion that Major Dang acted without authorization[3][7].
Media Coverage
Even though the Military Tribunal only sought to indict Major Dang on the charges of premeditation based on his alleged acts without superior authorization, the media was riddened with accusations that government forces opened fire or used deadly forces on civilians. As media coverage grew, the casualties increased along with number of the wounded. While the original number of casualties was eight, the number had climbed to nine with more than twenty wounded. Local Saigon newspapers printed coverages that assailed the deposed First Republic government, such as Major Đặng was ordered by Ngô Đình Nhu to kill demonstrators, Major Đặng panic and ordered his troops to massacre, Major Đặng's troop were trigger happy...etc... [1]
After the execution of Ngo Dinh Can and other Ngo family members remained abroad, the only remaining authorative Ngô figure was Bishop Ngô Đình Thuc. While in prison, Major Đặng reported that he was pressured into pinning the responsibility for the raising death toll on the Bishop, who insisted that there were at least one or two Catholics among the eight deads[3][7]. Major Dang refused to do so, either in prison or at the trial [3][8]. Had this ploy worked, the South Vietnamese Catholics and the Catholic Church itself would have gone through an extremely difficult time[8]. Other newspapers also printed accusation that Major Dang consulted with Police Chief Dang Phong and Bishop Ngô Đình Thuc who ordered live munitions and MK3 grenades to use on the retreating crowds [11].
The media gave different accounts of the medical examination by Dr. Wulff, such as the victims were killed by gun fires or cannon blasts from Major Đặng's tanks, while government medical office determined the victims died from larger explosions. Saigon newspapers also reported that Dr. Wulff overheard Major Dang warned an American, Tom Miller, of evacuating possible bloodbaths before giving the order to fire. Neither Dr. Wulff, Dr. Le Khac Quyen, nor Major Dang agreed to sign any government document supporting their claims; they only warranted their testimonies in court, at the presence of United Nations and international press corp. The other German professors handed their recording of the chaos at the radio station to government prosecutors and left South Vietnam before the trial had started [3][7].
U.S. Involvement
U.S. officials in CIA office and U.S. Embassy at Saigon reported that eyewitnesses saw Major Dang took direct actions that caused these deaths. Other people, including Reverend Cao Van Luan and Venerable Thich Tam Chau, stated that while the deaths were caused by explosion, it was not from Major Dang or his troop due to their vicinity to the explosion [4][5]. Mr. Dang Phong's testimony was most colorful, he demanded the court to test the effectiveness of the concussion grenades by having one detonate right in front of him. The court, obviously, declined the test. [6]
There were other accounts, which suggested Major Đặng was at the right time and place for a set up by third party with interests in seeing the Diem Regime fell. Some sources indicated Captain James Scott, an American advisor to First Division, had knowledge of a timed plastic explosive. He disclosed to one of the officers, Captain Buu, that he received the order to plant the device[6]. Others speculated that a handful CIA operatives orchestrated the whole incident to bring it to international attention[7].
References:
1. Lost Crusader: The Secret Wars of CIA Director William Colby
2. Death Sentence Asked for Vietnamese Major
4. The Situation in Vietnam - CIA Weekly Report (June 1964)
5. Telegram From the Embassy in Vietnam to the Department of State. (June 1964)
8. The Cross and the Bo De-tree: Catholics and Buddhists in Vietnam? Piero Gheddo - (1970).
9. Vietnam War: The New Legion. Truong Vinh (2010).
10. Triumph Forsaken: the Vietnam war, 1954-1965. Mark Moyar (2006).
11. Report or Distort? Glenn MacDonald (1973).