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December 7th, 2006 - Mattis Said to be Free of Political Influence

News article by North County Times

News article by the Napa Valley Register

Summary of the Haditha Massacre

Mattis Said to be Free of Political Influence

Pendleton general at center of Haditha charging decision

 

By Mark Walker

North County Times

December 7, 2006

 

North County - People who know Lt. Gen. James N. Mattis say that despite worldwide condemnation of the Haditha incident that resulted in the shooting deaths of 24 Iraqis, political pressure won't influence his decision on what charges may be lodged against Marines facing allegations in the case.

 

The 2005 killings drew criticism of the U.S. military's rules of engagement and led the commandant of the Marine Corps to launch a reinforcement of "core values" in visits to Marines in Iraq and throughout the U.S. earlier this year.

 

Mark Zaid, a lawyer for one of those said to be facing charges, contends that Mattis faces pressure from the highest levels of the Pentagon to file charges to show that the military takes allegations of atrocities seriously.

 

"I think Haditha very much comes down to the fact that because it was so publicized domestically and internationally, the Pentagon feels it has to do something," Zaid said. "I suspect the feeling is that if there are charges and everyone is acquitted, the military can then say it did its job by conducting a full investigation and sending the case to court-martial."

 

But Mattis will decide what to do based solely on the facts, said two former Marine officers who know the battle-hardened general.

 

"He's a fair guy who's dedicated his entire life to the Marine Corps and he will do the right thing for his Marines," said Claude Reinke, a retired Marine Corps major general and publisher of The Californian, an edition of the North County Times in Temecula. "He's not the kind of guy who is going to be influenced by outside pressure - he won't be swayed by that."

 

Mattis, who also is overseeing the unrelated prosecution of seven Marines and a Navy corpsman in the killing of an Iraqi civilian in the village of Hamdania earlier this year, faces duties far beyond the legal cases.

 

He also serves as commander of the more than 25,000-strong I Marine Expeditionary Force and heads the U.S. Marine Corps Forces Central Command.

 

Gary Solis, a retired Marine legal officer who spent more than two decades in the service and now teaches law at Washington, D.C.'s Georgetown University, said that Mattis' breadth of experience serves him well, considering all the tasks he on his plate.

 

"Gen. Mattis is one of the most competent and able leaders there is," Solis said. "No one could be more properly placed to deal with the multitude of issues he faces."

 

Mattis has led combat missions in Afghanistan and headed the 1st Marine Division during the 2003 invasion of Iraq. In 2004, he commanded Marine Corps forces in a major battle in the restive Iraqi city of Fallujah.

 

"He is particularly attuned to leadership issues, and he never forgets his Marines or where he has come to from his days as a junior officer," Solis said.

 

Attorney Zaid said his client, Staff. Sgt. Frank Wuterich, and the other Marines did nothing wrong and that the civilians were killed in the course of a legitimate response to the bombing and subsequent small-arms fire.

 

On Tuesday, the Marine Corps said that Mattis had made an "initial decision" on what actions he will take as the convening authority over the Haditha investigation and that prosecutors are finalizing charges.

 

On Nov. 19, 2005, up to 13 Marines from the 3rd platoon of Kilo Company from Camp Pendleton's 3rd Battalion, 1st Marine Regiment took part in actions that are alleged to have led to the civilian deaths.

 

The killings, which included several women and children, happened after a lance corporal died in a massive explosion triggered as the Humvee he was riding in passed through the city.

 

The Marines then are alleged to have assaulted a series of nearby homes and killed four men who emerged from a car that happened upon the scene shortly after the explosion. No known or suspected insurgents died in the attack.

 

An announcement of what charges will be filed is expected sometime in the next two weeks and rests solely with Mattis and his legal advisers, a source familiar with the investigation told the North County Times.

 

Members of House Armed Services Committee received a closed-door briefing Wednesday on the 9-month-old Haditha investigation.

 

Rep. Mark Udall, one of 20 House members who heard the briefing, said afterward that up to six Marines will face charges. The briefing was presented by former Camp Pendleton 1st Marine Division commander Lt. Gen. Richard Natonski.

 

Martin Terrazas, whose son, Lance Cpl. Miguel Terrazas of El Paso, Texas, died in the bombing that preceded the killings, said he was surprised that some of his son's fellow Marines may face criminal charges.

 

"It's upsetting, it's terrible," Terrazas said. "They're making some kind of mistake."

 

One of the lawmakers who attended Wednesday's briefing on Capitol Hill, Rep. Ike Skelton, D-Mo., the incoming chairman of the House Armed Services Committee, said that the Haditha incident was a tragedy, and that the legal process now must decide if it was criminal.

 

"What happened at Haditha was horrific, but it does not reflect the actions of the vast majority of our brave military men and women who serve with honor," he said.

 

The Associated Press contributed to this report.

 

External link: http://www.nctimes.com/articles/2006/12/07/military/1_04_3512_6_06.txt


Attorney: Napan not being Charged in Haditha Incident

 

By Dan Ross

Napa Valley Register

Thursday, December 7, 2006 6:07 AM PST

 

Napa native Luke McConnell is not among the Marines facing criminal charges in the November 2005 deaths of 24 Iraqis in Haditha, according to his attorney.

 

McConnell was captain of the Camp Pendleton-based Kilo Company, 3rd Battalion, 1st Marine Regiment. Members of the company and military officials have been under investigation for the Nov. 19, 2005, incident in Haditha, Iraq, and its aftermath.

 

A report on the deaths of the Iraqis is due to be released later this month, and it does not implicate McConnell in any wrongdoing, his attorney, Kevin McDermott, said.

 

“I have not received any word that Capt. McConnell is in the firing line at all any more,” said McDermott. “Even with all the rumor mills going on, he is not being looked at for the events that day.”

 

Rep. Mark Udall, D-Colorado, told the Associated Press that about six Marines will likely face criminal charges in the killing of the 24 civilians in Haditha. Udall said he did not know the precise charges, but he said they were serious.

 

McDermott said the criminal investigation involves “some of the enlisted kids in that squadron and perhaps their sergeant, at the very worst their lieutenant.”

 

According to defense attorneys for some of the men potentially facing charges, the squad was on a routine mission when a roadside bomb ripped into a Humvee, killing one Marine and injuring two others.

 

In the aftermath of that explosion, 24 Iraqis also died. Defense lawyers have said their clients were following the rules of engagement when they returned fire from several houses nearby and shot several men in a taxi.

 

The Marines initially reported after the Nov. 19, 2005, killings at Haditha that 15 Iraqi civilians had been killed by a makeshift roadside bomb and in crossfire between Marines and insurgent attackers. Based on accounts from survivors and human rights groups, Time magazine reported in March that the killings were deliberate acts by the Marines.

 

A criminal investigation was then ordered by the top Marine commander in Iraq, Maj. Gen. Richard Zilmer.

 

McDermott has said McConnell was in Haditha on the day of the incident, but was not at the scene, a statement consistent with media accounts from Iraq.

 

Udall spoke after Lt. Gen. Richard Natonski gave a briefing to the House Armed Services Committee on the military’s investigations into the deaths and the likely next steps.

 

“I think all of us in there were struck by the incident, the number of civilians involved, and the extent of the tragedy,” said Udall. “There are some questions that still have to be answered, but it appeared the rules of engagement hadn’t been followed.”

In addition to the probe of the incident, there is a parallel investigation examining whether officers in the Marines’ chain of command tried to cover up the events. McConnell is not a target of that investigation, either, McDermott stated Wednesday.

 

“As far as we know, even in the alleged cover-up, he is not being implicated,” said McDermott. “He was not there when it occurred. There has never been an issue that (McConnell) issued an order to carry it out or knew about it if it occurred ... only a question about a cover-up.”

 

McDermott said there are also no further internal actions pending against McConnell, who earlier this year was “relieved of his duties” as captain of Kilo Company, 3rd Battalion, 1st Marines after the Haditha incident. Relieving an officer of his command duties is a routine administrative action during an investigation.

 

“That was the most significant thing,” said McDermott, “and we are not anticipating anything more.”

 

Associated Press writers Thomas Watkins and Erica Werner contributed to this report.

 

External link: http://www.napavalleyregister.com/articles/2006/12/07/news/local/doc45781c8fdcc3c966764772.txt

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