Faulty Intelligence Leading to My Lai: As Task Force Barker's intelligence officer, Kotouc was responsible for the assessment that the 48th Local Force Battalion was operating from My Lai (Son My village). This intelligence, which proved catastrophically wrong, indicated battalion-strength enemy forces of 250-280 soldiers. In reality, the hamlet contained almost entirely civilians, with no significant enemy presence on the day of the operation.

Torture and Maiming of Vietnamese Detainee: Kotouc was charged with cutting off a finger of a Vietnamese detainee during an interrogation session the night before the My Lai operation. Witnesses testified that the interrogation involved severe physical abuse intended to extract information about Viet Cong positions in the area.

Alleged Execution of Detainee: Beyond the maiming charge, witnesses reported that Kotouc may have executed at least one Vietnamese suspect during or after interrogation. While not formally charged with murder, these allegations pointed to an intelligence operation that operated far outside the bounds of lawful conduct.

Court-Martial and Acquittal: Kotouc was tried by court-martial in 1971 on charges of maiming and assault for cutting off a detainee's finger during interrogation. Despite witness testimony, the military jury acquitted him of all charges, continuing the pattern of impunity for My Lai-connected personnel.

Intelligence Discrepancies in After-Action Reports: After the operation, reports claimed 128 "enemy" killed in action against only 3 weapons recovered. As the intelligence officer, Kotouc would have been aware that this ratio was completely inconsistent with combat against an armed enemy force, yet no effort was made to investigate

Coercive Interrogation Practices: Kotouc's interrogation methods exemplified the widespread use of coercive techniques by military intelligence in Vietnam, including physical violence, threats, and mutilation. These practices produced unreliable intelligence that frequently led to operations against civilian populations.