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The War Profiteers - War Crimes,
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September 12th, 2006 - Lawyers in
Iraq Murder Case Ask for New Hearing |
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Lawyers in Iraq murder case
ask for new hearing Alicia A. Caldwell Associated Press Posted on Tue, Sep. 12, 2006 El Paso, Texas - Lawyers for
two U.S. soldiers facing murder charges stemming from a deadly raid in Iraq
have asked for a new preliminary hearing in the case, saying key witnesses
and evidence were improperly excluded the first time. Lawyers for Spc. William
Hunsaker of Missouri and Pfc. Corey Clagett of Moncks Corner, S.C., last week
filed objections and requests for a new Article 32 hearing, the military
equivalent to a civilian grand jury that determines if there's sufficient
evidence for trial. Hunsaker, Clagett, Spc.
Juston R. Graber of Buffalo, N.Y., and Staff Sgt. Raymond L. Girouard, whose
hometown was not available, are accused of illegally shooting three men
during a raid on a marshy Iraq island May 9. An Army investigator has
recommended the soldiers face the death penalty if convicted. The soldiers, members of the
Fort Campbell, Ky.-based 3rd Battalion, 187th Infantry Regiment, 101st
Airborne Division, claim they were ordered to "kill all military-age
males" on the island. In three objections obtained
by The Associated Press on Tuesday, Clagett's Army lawyer, Capt. Sasha
Rutizer, argued that defense requests for witnesses were denied. Rutizer said
some witnesses, including the officer who appointed the lieutenant colonel
who earlier this month recommended the death penalty, were available to
testify. She also objected to the
inclusion of some evidence, including an unsworn statement from Clagett, and
the denial of a request for a delay in the case. Rutizer, who was in transit
with the military Tuesday, did not immediately respond to an e-mail request
for comment. Michael Waddington,
Hunsaker's civilian lawyer, argued in an objection that the government's
primary witness, Pfc. Bradley Mason, has a documented history of lying.
Waddington said he was concerned Hunsaker could face the death penalty based
on questionable testimony. "We have serious
concerns about us not being able to see evidence," Waddington said
Tuesday. "What we are asking is that they reopen the hearing and allow
all this ... evidence in, to allow this Article 32 officer to make a fair
hearing." Waddington also argued that
by denying "vital eyewitness testimony" and classifying
"relevant evidence" before the hearing, the defense couldn't
present its best case at the August Article 32 hearing in Iraq. According to an order issued
in July by Lt. Col. James P. Daniel Jr., the investigating officer who led
the hearing, evidence that is classified and could not be used in the hearing
included an earlier investigation, documents relating to the rule of
engagement given to the soldiers before the raid outside Samarra, about 60
miles north of Baghdad, and other documents. The objections have been
sent to Army prosecutors, who did not immediately respond to e-mail requests
for comment, and other officials who ordered the investigation. The soldiers have been
jailed in Kuwait since their arrests. They are expected to stand trial on
murder and other charges at Fort Campbell. © 2006 AP Wire and wire
service sources. All Rights Reserved. External link:
http://www.contracostatimes.com/mld/cctimes/news/nation/15501838.htm |