811.24523/10–1646: Telegram

The Ambassador in Peru (Cooper) to the Secretary of State


1083. Remytel 1064, October 9, 5 p.m.73 Status Talara incident as of October 15 is that preliminary investigation of facts by special Judge Rospigliosi has now been completed and his report has been made to Criminal Court at Piura. Procedure is for Criminal Court then to give this record to Prosecuting Attorney of court who makes report indicating whether or not he makes any charges against defendants. Prosecuting Attorney must also indicate what penalties if any should be meted out. Prosecuting Attorney on October 14 turned in his report on case in which he recommended that Ensign Rubio be given 10-month prison term and be made to pay 2,000 soles to Sergeant Eiland’s heirs. He recommended that Corporal Miller be charged with assault and battery and given 6–month prison term and pay 500 soles as civil indemnity to Rubio. No charges are made against other six involved and it is expected that criminal court will uphold this part of Prosecuting Attorney’s report. If this is done the six of US soldiers will be finally declared free. Court’s decision should be made this week.

Possibly Criminal Court may disregard Prosecuting Attorney’s charges against both Rubio and Miller, in which case no trial would be necessary. On other hand, court may fix date for the trial and in that event it is possible they may either be acquitted or punished as recommended by Prosecuting Attorney.

  1. Not printed; it indicated that the Foreign Minister dispatched a messenger to Piura to obtain the release of the two men (811.24523/10–9).