(Iraq) Haditha Killings: Last Marine May Not See Trial

[sabra]

Source: ABC News

Last Marine Involved in 24 Iraqi Civilian Deaths Could Have Charges Dropped in Investigation Controversy

March 23, 2010 —

A legal snafu could clear the way to freedom for the Marine sergeant perhaps most responsible for the deaths of 24 Iraqi civilians in the infamous Haditha massacre of 2005.

A motion filed by Sgt. Frank Wuterich's attorneys claims that Gen. James Mattis, who initially leveled charges against Wuterich and seven other Marines, was improperly influenced in legal matters by an aide who was involved in the investigation into the shooting, Col. John Ewers.

According to senior defense counsel Haytham Faraj, court martial law prevents someone involved in the investigation from giving advice on legal matters related to the case.

"The process that we're talking about is essential to bringing charges forward," Faraj told ABC News. "The process has to remain pure to ensure that the accused's rights are protected. We believe it was flawed."

Seven other Marines had been charged in connection to the killings and the ensuing alleged cover-up, but charges against six of them were dismissed and the seventh was acquitted.

"We are waiting for a conviction," said A.J. Kadhim, vice president of the American Iraqi Association of North Texas. "What happened in Haditha was incorrect for everybody. We were so sad to see innocent people get killed for no reason. But we do believe in the court system in the United States. If they are innocent, we will go with the law.



Read more: http://abcnews.go.com/TheLaw/haditha-killings-marine-trial/story?id=10171003

[gratuitous]

1. Yes, why would anyone bring charges based on an investigation?

Okay, this makes less than no sense, which means that this motion will probably carry in our famously fair military tribunals. I sure hope none of those ingrate Iraqis use the massacre of their people as a pretext for doing anything to our star-spangled, red-white-and-blue all-American fightin' men and women.

[ManiacJoe]

7. You have misread the article.

The problem is that the investigators for the prosecution were also used as impartial legal advisers, in violation of court martial procedures. Once cannot play both sides according to the legal rules.

[Arctic Dave]

2. If he can't be tried then doesn't that mean he needs to spend the rest of his life in gitmo?

Isn't this the logic?

[Mike K]

3. As I recall -

- the purpose of the Marine Corps is to move in fast, hit hard and destroy everything in sight. This is what Parris Island conditions the Marine mind to do. It is a form of conditioned insanity which is essential to achieving certain military objectives.

Ronald Reagan, in his infinite ignorance, ignored this fact and in 1983 he sent a Marine infantry brigade into Lebanon to to a job which a platoon of Army MPs is trained for. The result was the killing of 241 sleeping Marine grunts in a suicide attack on their barracks in Beirut.

Simply stated, the Marine Corps is not suited to policing tasks nor are Marines suited for the kind of duty presently imposed on them in Iraq. Marines are active destroyers, not constrained MPs.

Any type of combat situation is best described as organized insanity. When otherwise rational persons are introduced into organized insanity they gradually adapt to it, some sooner than others, and their behavior reflects the phenomenon -- as we have seen in the My Lai Massacre in Vietnam and more recently in the Middle East. Combat conditions will evoke irrational behavior from anyone exposed to it, but Marines are pre-conditioned to it in boot camp.

So the bottom line in this latest debacle is Ronald Reagan should have been tried for criminal malfeasance, as should Colin Powell and George W. Bush. Because it is they who are directly responsible for the things their military subordinates do as the result of inappropriate or unlawful commitments.

[Thothmes]

6. Along with John Kennedy, Lyndon Johnson

Richard Nixon, James Carter, George Bush I, William Clinton and George Bush II. Each one of these Presidents made major mistakes with the military. Not a charge levied against any of them.

[wmbrew0206]

9. You have absolutely no idea what the Marine Corps is capable of.

Adapt, improvise, and over come is the unofficial motto of the Marine Corps. Marine NCO have more expected out of them than any other service. They are expected to be able to operate on their own, make and carry out their squad/fireteam's plan, and realize that a wrong move could cause an international incident.

The Marine Corps is more suited to the Iraq mission as a service than any other service with the exception of some SOCOM units.

[ConcernedCanuk]

4. I don't think that the Iraqi friends and relatives give a fiddler's fuck

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what "A.J. Kadhim, vice president of the American Iraqi Association of North Texas" thinks or does.

USA not punishing those for the Haditha slaughter will only breed more hatred for the USA,

and danger to it's USAmerican personnel in Iraq;

BUT

if permanent war was the goal . .

"Mission Accomplished"

just keep killing them civilians to keep the blood-lust going . . .

(sigh)

[NecklyTyler]

5. It is also entirely possible that Sgt. Frank is not guilty of murder, and should be freed

In seven attempts, the Marines have been cleared in this incident. The eight should be no different

[Mike K]

8. The military typically seeks scapegoats -

- in these situations, such as Lt. Calley for the My Lai incident. This fellow is a sergeant, so if he was the ranking senior they could have their sights fixed on him.

[wmbrew0206]

10. This is not that big of a deal.

There was a conflict of interest if Col. Ewer's was part of the investigation team and then in a later billet was advising Gen. Mattis on this case.

The investigation team is a cross between a DA and a police detective. They gather the evidence and then recommend to the commanding general whether or not the investigation should go to a general court martial, summary court martial or NJP/Office Hours. The commanding general has a JAG on staff to read through the investigation and advise him on the legal aspects of the case. If the investigation team screwed something up legally it is the advising JAG's duty to inform the general. Also, a screwed up investigation has a negative impact on a officer's career. So it appears that this particular colonel had been part of the investigation team and then later was Mattis' JAG. I think the UCMJ prevents this due to an officer in that position having a conflict of interest to see the investigation go forward.

However, Mattis already testified that he had decided to go forward with the charges before this colonel came on board. It also says that even if this motion is sustained "without prejudice," the Marine Corps will just have to re-file the charges against this Marine. This is what happened with the Battalion CO. The Marine Corps decided not to try and re-charge him but handled it in a way that was sure to end the Bn CO's career and possibly cause him to forfeit his pension and benefits.