The War Profiteers - War Crimes, Kidnappings, Torture and Big Money

 

May 12th, 2007 - Officers Testify Haditha Killings did not Warrant Investigation

News article by the Associated Press

News article by San Diego Union-Tribune

Summary of the Haditha Massacre

Officers Testify Haditha Killings did not Warrant Investigation

 

By Thomas Watkins

Associated Press

May 12, 2007

 

Camp Pendleton, Calif.- A Marine major who heard complaints about the killings of two families in their homes in the Iraqi town of Haditha testified Saturday that he did not think their deaths warranted further investigation, even though he knew women and children were among the dead.

 

Maj. Dana Hyatt, a civil affairs officer for the 3rd Battalion, 1st Marines at the time of the Nov. 19, 2005 killings of 24 Iraqis, inspected two houses 10 days after the attack in response to a demand by local leaders for an investigation.

 

Based on what he saw in the homes, including blood-spattered beds and hair stuck in the ceiling, Hyatt said he was authorized to distribute more than $40,000 in compensation to relatives of the dead.

 

"That's the most blood I have ever seen," Hyatt said.

 

Hyatt also testified he went to the morgue the night after the killings. Due to a shortage of body bags, Marines had put some of the corpses in trash bags, he said.

 

Like several witnesses before him, Hyatt testified that his understanding of Marine rules was that when civilians died in combat operations, no follow-up investigation was necessary.

 

The attack occurred after a roadside bomb struck a Humvee convoy, killing one Marine and injuring two others. In the aftermath, Marines shot five Iraqis by a car and went house to house looking for insurgents, using grenades and machine guns to clear houses.

 

Hyatt said a corporal from the squad involved in the killings told him that he'd heard someone in the house loading a machine gun, and that is why they cleared rooms with such aggression. The Marine Corps asserts that 24 civilians died Nov. 19, but Hyatt testified that eight of the dead were insurgents, a claim that has not been verified.

 

"It made sense. It sounded OK," Hyatt said of the Marine squad's action. Hyatt, who has been given immunity to testify, was speaking at the preliminary hearing for Capt. Randy W. Stone, one of four officers charged with dereliction of duty for failing to investigate the killings. Three enlisted Marines are charged with unpremeditated murder in the case, the biggest involving civilian deaths in the Iraq war.

 

During the first five days of testimony at the hearing, defense attorney Charles Gittins summoned a string of witnesses, including a two-star general, to the stand. All testified they saw no reason to investigate the deaths because they believed they occurred in a lawful "troops in contact" type engagement.

 

Military rules compel troops to report and probe suspected law of war violations. Gittins argued that if no crime was suspected to have occurred, and if no one else in Stone's regiment saw a need to investigate, then Stone should not be singled out.

 

Lt. Col. Kent Keith, a judge advocate for the 2nd Marine Division, testified that if civilians are caught in the crossfire of a lawful combat situation, provided they weren't deliberately targeted, it is not common practice to investigate those deaths.

 

Maj. Gen. Richard A. Huck, the top general in charge of Marines in Iraq's Al Anbar province when the killings occurred, said earlier in the hearing that he knew about the deaths the day they occurred, but considered them simply a "truly unfortunate" consequence of war.

 

A Marine captain testified Friday that regimental commanders had a "unique disinterest" in investigating the killing.

 

Viewed collectively, testimony from the Marines that they did not see the deaths of women and children as possibly needing investigation reveals a callous and jaded response to civilian deaths, said Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University Law Center.

 

"The fact we have repeatedly heard senior officers say it wasn't a blip on their radar tells us a lot about the war in Iraq and the unfortunate mind-set that has developed," Solis said. "That this number of noncombatants can be killed and not raise an eyebrow speaks volumes about our war."

 

The hearing is part of an Article 32 investigation, the military's equivalent to a grand jury proceeding. Maj. Thomas McCann, the investigating officer, will hear evidence and recommend whether the charges should go to trial.

 

The hearing was scheduled to continue Monday.

 

External link: http://www.mercurynews.com/news/ci_5879916


Commanders stay resolute on killings

 

By Steve Liewer

San Diego Union-Tribune

May 12, 2007

 

Camp Pendleton – Official complaints from Iraqis, a Time magazine report and two military investigations into the killing of 24 civilians in Haditha, Iraq, all failed to shake Marine commanders' confidence that the deaths were justified, an officer testified yesterday at Camp Pendleton.

 

“They didn't give me any indication there was anything else we should look into,” said Capt. Jeffrey Dinsmore, the intelligence officer for the 3rd Battalion, 1st Marine Regiment when the killings occurred Nov. 19, 2005.

 

Dinsmore testified during the pretrial hearing for Capt. Randy Stone, one of four officers from the battalion who are charged with dereliction of duty for failing to scrutinize the Haditha incident.

 

Three enlisted Marines from the battalion's Kilo Company are accused of going on a rampage after a roadside bomb blast killed one Marine and wounded several others. They shot five men who arrived in a car shortly after the bomb explosion and killed 19 other Iraqis in three nearby houses over the next hour.

 

Top officers for the battalion knew within hours that many of the dead were women and children, Dinsmore said. But they strongly believed that insurgents used those civilians as human shields for their attack on the U.S. convoy and then fled during the Marines' counterattack, he testified.

 

Marine Corps officials never investigated the Iraqis' deaths because their convoy was attacked first, Dinsmore said. The military calls that scenario “Troops in Contact,” or TIC.

 

“It's well-established that this was a TIC, and the civilians were unfortunately collateral damage,” Dinsmore said.

 

Dinsmore acknowledged that he and other officers reached that conclusion without interviewing the Marines involved or evaluating their statements about the incident.

 

Dinsmore didn't change his mind despite hearing complaints from the mayor of Haditha and reading a translated copy of a flyer circulated around the town to protest the killings.

 

“The City Council was being used as a tool for insurgent propaganda,” he said.

 

Dinsmore still saw no reason to investigate the Haditha deaths after a Time magazine reporter submitted a list of questions about the incident in January 2006. He said a Google search showed him that the journalist, Tim McGirk, had an “anti-military bias.”

 

It was an unwritten rule that civilian deaths occurring during combat didn't rate an investigation, said Maj. Carroll Connelley, the deputy staff judge advocate for the regiment, a command one level higher than Stone's.

 

Connelley said because he was already busy, he felt relieved to get an e-mail from Stone stating that the Haditha killings didn't require scrutiny.

 

“It was reconciled as having been in combat,” Connelley said. “I didn't have any concerns.”

 

Col. Keith Anderson, a lawyer in the Marine Corps Reserve, testified that he taught a three-day class on the “Law of War” to Stone and other officers in 2004. He said he instructed them that any loss of civilian life ought to prompt an investigation.

 

“If a bad act occurs, the worst thing you can do is not investigate,” Anderson said. “You don't know where these allegations are going to come from. When they do, it's better if you've looked into it.”

 

Stone's pretrial hearing is scheduled to continue today. Once it is completed, the hearing officer, Maj. Thomas McCann, will recommend whether the charges against Stone should be referred to court-martial.

 

External link: http://www.signonsandiego.com/news/military/20070512-9999-2m12stone.html

Back to news & media - year 2007

Back to main archive

Back to main index