The 28th Division was scheduled to begin an attack on
Hurtgen Forest. The attack was common knowledge in the unit and
casualty rates were expected to be very high. Men indicated they preferred to be imprisoned rather than remain in combat and the rates for desertion and other crimes had begun to rise.
Slovik was charged with desertion to avoid hazardous duty and court martialed on
November 11, 1944. The prosecutor, Captain
John Green, presented witnesses to whom Slovik had stated his intention to "run away." The defense counsel, Captain
Edward Woods, announced that Slovik had elected not to testify. The nine officers of the court found Slovik guilty and sentenced him to death. The sentence was reviewed and approved by the divisional commander,
Major General Norman Cota.
On
December 9, Slovik wrote a letter to the Supreme Allied commander, General
Dwight D. Eisenhower, pleading for
clemency. However, desertion had become a problem, and Eisenhower confirmed the execution order on
December 23. The execution by
firing squad was carried out at 10:04 a.m. on
January 31, 1945, near the village of
Sainte-Marie-aux-Mines. Slovik was twenty-four years old.
Slovik was buried in Plot
E of
Oise-Aisne American Cemetery and Memorial in
Fère-en-Tardenois, alongside 96 other American soldiers executed for crimes such as
murder and
rape. Their black headstones bear numbers instead of names, so it is impossible to identify them individually without knowing the key. In
1987, forty-two years after his execution, Slovik's remains were returned to Michigan and reburied in
Woodmere Cemetery, Detroit, next to his wife Antoinette, who had died in
1979. Slovik's wife and others have petitioned seven
U.S. presidents, but Slovik has not been
pardoned.