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The
War Profiteers - War Crimes, Kidnappings & Torture |
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The Massacre of Haditha - The Revenge
Killing of 24 Iraqi Civilians |
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Newest Media Report: House Member Argues for
Immunity from Lawsuit (18/11/2008/Associated
Press) Newest Military Report: Charges Dismissed Against
Marine Officer in Haditha Investigation (17/6/2008/USMC Iraq Investigations) Newest Legal Document: Complaint (25/9/2008/Justin Sharratt vs. John Murtha) |
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Background
- Haditha, November 19th, 2005 “On that day, marines killed 24 Iraqi civilians,
including 10 women and children and an elderly man in a wheelchair. But how
and why it happened and who ultimately bears responsibility are matters of
profound dispute. “Interviews with marines who were present that day
or their lawyers, Iraqi residents who witnessed the attack and military
investigators provide broadly conflicting accounts of the killings. This
article, based on those interviews, does not resolve those discrepancies. […]
Investigators and townspeople have said that marines overreacted to a fatal
roadside bombing and shot the civilians, only one of whom was armed, in cold
blood. “Marines and their lawyers, who are only now
beginning to speak out after months of harsh portrayals of their actions,
contend that they believed they were under a concerted attack, and entitled
under their rules of engagement to use lethal force against those who they
believed were responsible for a roadside bomb that killed a marine. The 24
Iraqis killed included 5 men in a taxi and 19 other civilians in several houses,
where, marines have contended, their use of grenades and blind fire was
permitted under their combat guidelines when they believed their lives were
threatened. “However, investigators have found evidence that the
men in the taxi were not fleeing the bombing scene, as the marines have told
military officials. Investigators have also concluded that most of the
victims in three houses died from well-aimed rifle shots, not shrapnel or
random fire, according to military officials familiar with the initial
findings. […]” Excerpt
of a New York Times article
from June 17th, 2006. |
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Murdered Haditha
civilians |
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Frank Wuterich - The Accused “A sergeant who led a squad of Marines during the
incident in Haditha, Iraq, that left as many as 24 civilians dead said his
unit did not intentionally target any civilians, followed military rules of
engagement and never tried to cover up the shootings, his attorney said. “Staff Sgt. Frank D. Wuterich, 26, told his attorney
that several civilians were killed Nov. 19 when his squad went after
insurgents who were firing at them from inside a house. The Marine said there
was no vengeful massacre, but he described a house-to-house hunt that went
tragically awry in the middle of a chaotic battlefield. ‘It will forever be
his position that everything they did that day was following their rules of
engagement and to protect the lives of Marines,’ said Neal A. Puckett, who
represents Wuterich in the ongoing investigations into the incident. […]” Excerpt
of a Washington Post article
from June 11th, 2006 |
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Frank Wuterich |
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Graphics and Videos on the Haditha Massacre |
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Diagram of the Massacre - Detailled diagram of the killings - included in an article
from January 6th, 2007 by the Washington Post. |
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Images
of the Killings - Chronological photo series compiled
from various documents |
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Interview with Survivor - Video interview with Iman Walid from March 2006. |
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BBC Documentary on Haditha Massacre
- Short television documentary from
December 21st, 2006 |
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The Haditha Reports Archive |
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November 18th, 2008 - House Member Argues for
Immunity from Lawsuit 1 news
article by the Associated Press October 13th, 2008 - Marine Corps’ Haditha Appeal
Goes to Court on Friday 1 news
article by North County Times September 26th, 2008 - Pa. Marine Sues Rep. Murtha
Over Haditha Comments 1 news
article by the Associated Press September 13th, 2008 - Remaining Haditha Cases
Mired in Courts 1 news
article by North County Times |
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Frank Wuterich |
Jeffrey Chessani |
Justin Sharratt |
Lucas McConnell |
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Stephen Tatum |
Andrew Grayson |
Sanick Dela Cruz |
Randy Stone |
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Photo & Graphic
depicting the Killings |
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Aftermath of the initial killing |
BBC Graphic depicting the killings
according to eye witnesses |
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August 23rd, 2007 - Investigating Officer’s
Report Report
by the U.S. Western Pacific Judicial Circuit (2,5 MB) “[…] Summary of facts “On 19 November 2005, in Haditha, Iraq, Lance Corporal (LCpl) Tatum was
a passenger in the third vehicle of a four vehicle convoy. As the convoy
traveled down route Chestnut on a logistics mission, an Improvised Explosive
Device (IED) exploded under the fourth vehicle in the convoy. LCpl Tatum ran
to the vehicle that was damaged to assist with any Marines who were injured.
LCpl Terrazas was mortally wounded, LCpl Guzman suffered minor injuries and
LCpl Crossan was stuck under debris from the damaged vehicle and had suffered
significant injuries. LCpl Tatum assisted in pulling LCpl Crossan out of the
debris and began first aid under the direction of Corpsman Whitt. “While LCpl Tatum was administering to LCpl Crossan he heard gunfire
to the West and South. He also heard sporadic gunfire from the North but did
not return fire. Lieutenant (Lt) Kallop arrived on scene and after receiving
fire from the South he ordered Staff Sergeant (SSgt) Wuterich to lead a fire
team south to clear the house from where he believed the fire originated.
Corporal (Cpl) Salinas fired an M203 round toward the houses to the South.
LCpl Tatum joined SSgt Wuterich, Cpl Salinas, Lt Kallop and LCpl Sharratt to
clear the houses to the South. LCpl Mendoza ran to catch up. On the way to
house 1, (as identified in the investigation), LCpl Sharratt returned to his
vehicle to retrieve an M240G weapon. Lt Kallop also stopped heading South
when he received word from another Marine that Marines may have located the
trigger house for the IED to the North. SSgt Wuterich led the remaining
Marines, Cpl Salinas, LCpl Mendoza and LCpl Tatum to house 1 advising them
that the house was to be treated as hostile. “Cpl Salinas then entered house 1 and shot and killed Khamisa Tuema
Ali in the hallway by the stairs. SSgt Wuterich and LCpl Tatum followed into
the hallway with LCpl Mendoza entering last. LCpl Mendoza moved to the room
to the right of the hallway, observed Guhid Abdal Hameed Hasan (Guhid) inside
the room and shot him when Guhid made a movement toward the closet. While Cpl
Salinas, LCpl Tatum and SSgt Wuterich were still in the hallway they heard a
noise coming from the room to their left. Cpl Salinas and SSgt Wuterich were
convinced that sound was the sound of an AK-47 rifle being racked. LCpl Tatum
agreed, so he and Cpl Salinas threw grenades into the room. One of the two
grenades exploded and shortly after the blast, SSgt Wuterich and LCpl Tatum
entered the room and began firing at occupants in the room. As a result Abdul
Hameed Husin Ali (Abdul), Waleed Abdul Hameed Hasan, Abdullah Waleed Abdul
Hameed (Abdullah) and Asmaa Salman Rasif (Asmaa) were killed and Eman Waleed
Abd A1 Hameed and Abd Al-Rahman Waleed A1 Hameed were injured by a
combination of the grenade fragments and or bullets. “After the gunfire ceased, SSgt Wuterich announced that someone ran
out of the house toward house 2 (as identified in the investigation). SSgt
Wuterich ordered the Marines to leave house 1 and pursue the runner into
house 2. LCpl Tatum was the last to arrive at house 2. SSgt Wuterich, Cpl
Salinas and LCpl Mendoza had taken positions outside house 2 next to one
door. LCpl Mendoza kept watch toward a second door. One of the Marines
knocked or rang a bell at the door. As Yunis Salim Rasif approached the
second door, LCpl Mendoza shot through the door and killed him. “Meanwhile, LCpl Tatum, who was still lagging behind the group,
witnessed LCpl Mendoza shooting the man through the door as he caught up to
the others at the house. SSgt Wuterich and LCpl Mendoza entered house 2. When
LCpl Tatum arrived at the door, SSgt Wuterich ordered LCpl Tatum to ‘frag’
the next room in the home. LCpl Tatum obtained a grenade from Cpl Salinas and
threw it into the room adjacent to the kitchen. It exploded, damaging the
pipes in the shower room. Unknown to the Marines at that time was that there
were two adult women and six children in the far back comer room of the house
2. SSgt Wuterich ordered the Marines to continue to clear house 2. LCpl
Mendoza positioned himself inside the home in either the hallway or the
kitchen. Cpl Salinas stayed outside house 2 and his whereabouts are not in
evidence. At some point a Marine threw a grenade into the back room but it
did not explode. Later, SSgt Wuterich entered the room and began firing at
the occupants. LCpl Tatum entered the room second and fired his weapon toward
the bed. As a result, Aida Yasin Ahmed, Mohomed Yunis Salim, Aisha Unes
Salim, Zainab Unes Salim, Sena Yunis Salim, Noor Salim Rasif, Yuda Hasin
Ahmed were killed. […]” |
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Charges & Sentences by the Military Tribunal
at Camp Pendleton |
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Defendants |
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Original
Main Charges |
Sentences |
Sentencing
Dates |
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Jeffrey
Chessani |
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Violation
of a Lawful Order/Dereliction |
Charges
Dismissed |
(June
17th, 2008) |
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Sanick
Dela Cruz |
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Unpremeditated
Murder in 5 Cases |
Charges
dismissed |
(April
17th, 2007) |
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Andrew
Grayson |
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Dereliction,
Obstruction of Justice |
Charges
Dismissed |
(June
5th, 2008) |
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Lucas
McConnell |
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Dereliction |
Charges
Dismissed |
(September
18th, 2007) |
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Justin
Sharratt |
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Unpremeditated
Murder in 3 Cases |
Charges
dismissed |
(August
9th, 2007) |
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Randy
Stone |
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Violation
of a Lawful Order/Dereliction |
Charges
dismissed |
(August
9th, 2007) |
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Stephen
Tatum |
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Unprem.
Murder/Negl. Homicide in 6 Cases |
Charges
Dismissed |
(March
28th, 2008) |
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Frank
Wuterich |
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Unpremeditated
Murder in 13 Cases |
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Trial
Start: Delayed |
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June 17th, 2008 - Charges Dismissed Against
Marine Officer in Haditha, Iraq Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton “[…] A military judge here today dismissed all charges, without
prejudice, against Lt. Col. Jeffrey Chessani. Chessani was charged with
dereliction of duty and violation of a lawful order for his alleged actions
and inactions following an incident in Haditha, Iraq on Nov. 19, 2005, in
which Iraqi civilians were killed. “Because the charges were dismissed without prejudice, the government
may re-prefer charges against Chessani, however, the military judge ruled
that the Commander, U.S. Marine Corps Forces Central Command, the Commander,
I Marine Expeditionary Force, and the Commander, Joint Forces Command and
their respective subordinate commands are prohibited from doing so. “The military judge’s decision is also subject to appeal by the
government. The military judge ruled in favor of a defense motion to dismiss
charges due to the appearance of unlawful command influence in the case. […]” June 4th, 2008 - Verdict Announced at
General Court-Martial in Haditha, Iraq Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton “[…] A court-martial panel rendered the following verdict
today in the case Lt. Andrew A. Grayson for his alleged actions following an
incident in Haditha, Iraq on Nov. 19, 2005 in which Iraqi civilians were
killed. Grayson also is alleged to have attempted to fraudulently separate
from the Marine Corps. Grayson was found not guilty of all charges and
specifications. Grayson was charged with making false official statements and
attempting to fraudulently separate from the Marine Corps. […]” March 28th, 2008 - Charges Dismissed Against
Marine in Haditha, Iraq Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton “[…] Charges against Lance Cpl. Stephen B. Tatum for
his alleged involvement in the death of Iraqi civilians in Haditha, Iraq on
November 19, 2005, were dismissed today. This was done in order to continue
to pursue the truth seeking process into the Haditha incident. Charges of
involuntary manslaughter, reckless endangerment and aggravated assault for
were referred to general court-martial Oct. 19, 2007. […]” December 31st, 2007 - Charges Referred to
General Court-Martial for Marine Officer in Haditha Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton “[…] Lieutenant General Samuel Helland, Commander,
U.S. Marine Corps Forces Central Command Friday referred charges against 1st
Lt. Andrew Grayson to a general
court-martial based on his alleged actions following an incident in Haditha,
Iraq on Nov. 19, 2005 in which Iraqi civilians were killed. The charges
referred against 1st Lt. Grayson are making false official
statements, obstruction of justice and attempting to fraudulently separate
from the Marine Corps. Lt. Gen. Helland dismissed the charge of dereliction
of duty. “Lt. Gen. Helland made his decision after
consideration of information developed from investigations by Marine, Army
and Naval Criminal Investigative Service investigators, as well as evidence
produced during an Article 32 investigation hearing. […]” |
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Civil Proceedings - Libel Actions 1) Frank
Wuterich vs. John Murtha 2) Justin
Sharratt vs. John Murtha Frank D. Wuterich
vs. John Murtha United States Court of Appeals for DC
Circuit Case No.: 07-5379 Filed: November 23rd, 2007 September 19th, 2008 -
Clerk’s Order “[…]
Clerk's Order filed scheduling oral argument before Judges Henderson, Rogers,
Edwards 11/18/2008 […]” August 6th, 2008 - Appellant
Reply Brief July 23rd, 2008 - Appellee
Brief May 23rd, 2008 - Appellant
Brief U.S. District Court for the District of
Columbia Case No.: 1:06 cv 01366 Filed: August 2nd, 2006 February 12th, 2008 - Notice to the Court December 17th, 2007 - Order “[…] The Honorable John Murtha is a Member of the
House of Representatives. The United States says that he cannot be sued for a
series of remarks to various reporters at various times and places that
allegedly defamed Plaintiff Frank D. Wuterich. There are extremely limited
facts before the Court and the United States resists offering any more. It
insists that a Congressman is absolutely immune from a defamation suit
arising from comments to a reporter about a private citizen because it can
identify no circumstance in which speaking to the media is not within the
scope of a Congressman’s employment. “This Court was unwilling to proclaim such a
sweeping version of absolute immunity and ordered very limited jurisdictional
discovery, including a deposition of Representative Murtha. […] The United
States has appealed that order and seeks a stay during the appeal. […] “So that the appeal will not be mooted, the Court
will grant Plaintiff’s Motion to Stay Pending Appeal. So ordered. […]” December 14th, 2007 - Defendant’s Reply to Plaintiff's
Opposition to Motion “[…] The Government's position is that the
complaint, based on the facts it alleges, requires dismissal of Congressman
Murtha on scope of employment grounds, and requires instead substitution of
the United States as a matter of law. The Court's ruling, denying that motion
and directing that the Congressman be deposed, effectively denies entitlement
to absolute immunity from suit. Consequently, the Court’s denial of
substitution/immunity is subject to immediate appeal under the above
principles of 28 U.S.C. § 1291.1 […]” December 4th, 2007
- Opposition to Defendant’s
Motion to Stay Pending Appeal “[…] Having been ordered by this Court to
participate in limited discovery, including appearing for a deposition,
Congressman Murtha has continued his efforts to extricate himself from any responsibility
for his personal actions and has appealed the Court’s interlocutory
determination. As a result, the United States Government, still acting on
behalf of Congressman Murtha, now seeks a last minute stay of the Court’s
decision. […] “Congressman Murtha correctly notes that Wuterich
has preserved his rights to conduct discovery and has agreed to temporarily
postpone discovery until this Court has ruled on this Motion. […] That aside,
neither fact supports the argument that Wuterich will not be harmed if the
stay is actually granted. […] While the harm may not be specifically
significant to Wuterich, at least the general notion of harm exists when an
elected public official is able to delay proceedings which challenge that
individual’s allegedly improper and unlawful conduct. […]” September 28th,
2007 - Minute Entry Order Pursuant to the Court's instructions during the
hearing held in open court on September 28, 2007, Plaintiff may conduct
discovery limited to the issue of whether Congressman Murtha was acting in
the scope of his employment at the time he made the alleged defamatory
statements. A further status conference is scheduled for October 25, 2007, at
10:45 a.m. Signed by Judge Rosemary M. Collyer on 9/28/2007. May 7th, 2007 - Motion to Substitute Defendant
and Dismiss for Lack of Subject Matter Jurisdiction “[…] Pursuant to Federal Rule of Civil Procedure
12(b)(1), the United States of America and Congressman John Murtha, through
undersigned counsel, respectfully request that this Court (1) issue an Order
substituting the United States as the defendant in this action and (2)
dismiss this case for lack of subject matter jurisdiction. In support of this
motion, defendant respectfully refers the Court to the attached memorandum in
support of this motion and accompanying exhibits. […]” August 2nd, 2006 - Complaint “[…] On November 19, 2005, a tragic incident, all too familiar in time of war, occurred that resulted in the unfortunate deaths of civilian lives of Haditha, Iraq. Since May 2006, John Murtha, without waiting for the results of ongoing official m | |||||||||||||||
