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May 8th, 2007 - Officer Testifies Marines did Nothing Wrong at Haditha

News article by North County Times

Summary of the Haditha Massacre

Officer Testifies Marines did Nothing Wrong at Haditha

 

By Mark Walker

North County Times

May 8, 2007

 

Camp Pendleton - A platoon commander in Haditha who ordered Marines to "clear" four houses he believed insurgents were using as a base of attack testified Tuesday that the assault was entirely within the rules of engagement.

 

The testimony from Marine Lt. William Kallop came as the first case in the prosecution of seven Camp Pendleton Marines charged with criminal wrongdoing in the notorious incident in which two dozen Iraqi civilians were killed got under way in a base courtroom.

 

Kallop was called as a witness for Capt. Randy W. Stone, who is charged with dereliction of duty for not fully investigating the incident that generated a worldwide condemnation when it came to light.

 

Stone's' attorney Charles Gittins asked Kallop what the Marines did wrong that day.

 

"Nothing," Kallop said, adding he did not believe the incident required anything more than a standard "after-action" review by commanders.

 

Scheduled to head back to Iraq on Wednesday and granted immunity for his testimony, Kallop said he conducted a brief inspection of the homes following the assault and said it appeared that about 15 Iraqis had been killed.

 

He said he directed Staff Sgt. Frank Wuterich and his men to attack the houses after a Marine reported seeing a suspected insurgent near one and believing the small arms fire was being directed from inside the residences. The action followed a roadside bombing that killed a lance corporal and injured another Marine.

 

"I essentially told them to try and bust them out - find the (bomb) triggerman, find the insurgents," Kallop testified.

 

Wuterich later told him the men used grenades to clear rooms and then followed up with small arms fire.

 

When it was all over, no weapons were found inside the homes and none of the slain were later determined to be insurgents. The men did find passports and other material in one home that they believed were left behind by attackers.

 

Kallop said the troops were surprised when they didn't find any insurgent bodies or weapons. He also testified that Cpl. Hector Salinas told him he was certain he had heard AK-47 gunfire coming from one of the homes.

 

"Cpl. Salinas looked just as shocked as I was," Kallop said of what they saw in the homes following the assault. Several women and children died in the attack.

 

Stone's attorneys are trying to convince a hearing officer that their client did nothing improper in his role as the legal officer for the 3rd Battalion, 1st Marine Regiment in Iraq at the time. The 34-year-old Maryland native was not present where the killings occurred but was responsible for conducting an initial review.

 

Kallop was the first officer to arrive after the roadside bomb destroyed a Humvee and killed Lance Cpl. Miguel Terrazas.

 

Kallop said Wuterich told him that in addition to the people killed inside the homes, five men were shot and killed after they emerged from a car that drove up moments after the bombing and refused orders to stop running.

 

Stone was accompanied into the courtroom by his wife and parents, who sat directly behind him during the proceedings presided over by Maj. Thomas McCann, a legal affairs officer at Miramar Marine Corps Air Station. At the conclusion of the government and defense testimony, McCann will write a report stating whether he believes Stone should be court-martialed.

 

The prosecution has given McCann 120 exhibits to consider, and more than 20 witnesses are expected to testify, including Maj. Gen. Huck, the former commander of the 2nd Marine Division who was in charge of the Marines in Haditha when the incident took place on Nov. 19, 2005.

 

Huck will testify later this week via video hookup from the Pentagon where he is now working. One of his top aides in Haditha, Col. R. Gary Sokoloski, has invoked his 5th Amendment privilege and is refusing to testify. Sokoloski is a lawyer who served as Huck's chief of staff at the time of the killings.

 

Outside of court, Gittins told reporters that Stone had no obligation to order an investigation.

 

"My client didn't have any duty to do so," Gittins said. "He would have, but he wasn't ordered to."

 

Gittins said Kallop was responsible for telling Marine commanders what had taken place. From there, it was up to higher-ranking officers than Stone to decide if a probe was warranted.

 

"Kallop was the first officer on the scene and he set the scene for the reporting that took place that day," Gittins said.

 

Stone is one of four officers accused of dereliction of duty. Wuterich and two lance corporals face homicide charges for the civilian deaths. The pretrial hearings for those men take place it the coming weeks.

 

Stone's hearing is expected to last through Friday.

 

External link: http://www.nctimes.com/articles/2007/05/08/news/top_stories/12_11_025_7_07.txt

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