John E. Day

John E. Day Jr. (1929 – September 23, 1959) was a U.S. Army soldier during the Korean War, as well as a murderer, rapist, and convicted war criminal. In December 1950, shortly before the start of the Third Battle of Seoul, Day, who was serving in Seoul as a truck driver, attacked a family of South Korean refugees. He raped the mother, shot and killed her husband, and threw the couple's baby, who later died, on the front seat of a truck. Day was court-martialed for the crime, sentenced to death, and executed by hanging in 1959.

After examining the case, J. William Barba, assistant special counsel in the White House, stated that while Day's crimes were "committed under stress of war conditions," his sentence was appropriate. Barba noted that Day was black, but so were two members of the military court at his court-martial. The United States Armed Forces had been desegregated via an executive order by Harry S. Truman in 1948,

Day then grabbed Kim and took her outside, where he continued to make sexual advances toward her. When she screamed, Day struck her head with his carbine five times, took her baby daughter, Lee In Ja, from her back, and threw the baby on the front seat of a truck. He then proceeded to rape Kim, after which he returned to his quarters and went to sleep. Shortly after, another soldier arrived, having heard Kim's screams. About an hour later, a CID officer arrived at the office, where he found Lee lying dead on the floor. Kim testified at Day's court-martial, and lost her composure as she described how Day had grabbed her baby. Numerous other witnesses to the crime also testified, including Duck Il Wang.The colored American soldier pointed his carbine at me and ordered me to go with him to the basement. The soldier told me he would kill everyone in the room if the woman did not give into him. Day claimed that he had shot Lee in self-defense. When the death of Kim's baby was mentioned, his lawyer claimed that he did not treat the child "in a rough manner", but merely placed her in the front seat of the truck.

Appeals Day's conviction and sentence were upheld by the Army Board of Review. On October 16, 1953, they were approved by United States Secretary of the Army Robert T. Stevens, who recommended that his death sentence be carried out.

Initially, Day was supposed to be flown from a U.S. military stockade to South Korea for his execution. However, in 1955, he was returned to the United States. This came after U.S. military authorities decided to start carrying out all future executions at the United States Disciplinary Barracks in Fort Leavenworth, Kansas.

Clemency petitions

In August 1954, Kim Chung-hee, having learned about Day's scheduled execution, wrote to President Eisenhower, asking him to spare his life:Pvt. Day was young when he committed the offense. He did know what harm he was doing. He has been in jail for three years and has had time to repent this offense. I am sure that he is sorry. I do not wish to see Pvt. Day's mother hurt, as I was hurt three years ago, by the death of her son. As you surely know, those were difficult times in December 1950. What may have seemed just for those times seems far too severe now that we have peace again. I would be sorry to see another death when I know that it will bring only unhappiness. It will not help me or anyone else.