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May 15th,
2007 - Marine Accused in Haditha Deaths Defends Actions News article by the Associated
Press |
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Marine Accused in Haditha Deaths
Defends Actions By Thomas Watkins Associated Press May 15, 2007 Camp Pendleton – A Marine
captain accused of dereliction of duty in the killings of 24 civilians in the
Iraqi town of Haditha said Tuesday that he never lied about his actions and
did not pursue an investigation because he believed the deaths resulted from
lawful combat. “I have racked my brains for
the months since I was first informed of these charges,” said Capt. Randy W.
Stone, who was charged in December with failing to investigate. “I have never
lied and have worked at all times to assist as best I could to shed light on
what I knew and when I knew it.” Stone, who was the 3rd
Battalion, 1st Marines lawyer at the time of the Nov. 19, 2005 killings,
spoke from the lectern on the seventh day of his Article 32 hearing, the
military equivalent of a grand jury proceeding. It was the first time he
addressed the court and his statement was unsworn, which prevented him from
being cross-examined by prosecutors. Stone, 34, said he was
frustrated by the accusations against him. “Even looking at this whole
matter through 20/20 hindsight, I know I was trying to help and my firm
belief that there was no law of armed conflict violation was the foundation
for what actions I did take as well as action I did not take,” Stone said. Stone emphasized a central
argument of his defense that many Marines shared in the decision not to
investigate. “Those around me at all pay
grades and in every niche of the battalion or beyond seemed satisfied,” he
said. The Marine Corps asserts the
24 slain were civilians, but several witnesses have testified eight were
insurgents. An investigating officer
will recommend whether the charges should go to trial. Four officers, including
Stone, are charged with dereliction of duty. Three enlisted Marines are
charged with murder. About 20 witnesses have testified
at Stone's hearing. Many said they saw no need for an investigation. “There was nothing there
that looked out of the ordinary,” Maj. Kevin Gonzalez, the executive officer
for the battalion, said Tuesday. The slayings occurred after
a roadside bomb killed a Marine driving a Humvee and injured two others. In the aftermath, five Iraqi
men were shot as they approached the scene in a taxi and others – including
women and children – died as Marines went house to house in the area,
clearing homes with grenades and gunfire. Among other allegations,
Iraqi witnesses accused Marines of herding four men into a cupboard and
spraying them with gunfire. “I didn't think anything
like that could have happened,” Gonzalez said. Gonzalez said Stone was told
by the battalion's commander, Lt. Col. Jeffrey Chessani, that the deaths
occurred in combat so he “didn't need to take any other action.” Chessani is
one of the four officers charged with dereliction of duty. External link: http://www.signonsandiego.com/news/military/20070515-1339-ca-marines-haditha.html Stone tells Haditha hearing officer
he did his best By Mark Walker North County Times May 15, 2007 1:51 PM PDT Camp Pendleton - A Marine
captain accused of dereliction of duty for failing to investigate the deaths
of 24 Iraqi civilians in Haditha in 2005 said Tuesday that he never believed
from early reports that a violation of the law of armed conflict had
occurred. Capt. Randy W. Stone, 34,
made that assertion during a 25-minute address at the conclusion of seven
days of testimony in a probable cause hearing that will determine if he is
ordered to trial by court-martial. Stone was the legal affairs
officer for Camp Pendleton's 3rd Battalion, 1st Marine Regiment in Iraq at
the time of the killings, which were carried out by Kilo Company troops. "I have never lied and
have worked at all times to assist as best I could to shed light on what I
knew and when I knew it," Stone told the hearing officer, Maj. Thomas
McCann, as he attempted to save his military career. "The most
frustrating thing is the reality that even looking at this whole matter
through 20/20 hindsight, I know I was trying to help. "My firm belief that
there was no law of armed conflict violation was the foundation for what
actions I did take as well as action I did not take." Stone delivered his remarks
in calm and clear voice while standing at a lectern. His comments were
presented as an unsworn statement, meaning he could not be questioned by
prosecutors. The and prosecution will
present final arguments to McCann this afternoon as the Article 32 hearing
that began last Tuesday for Stone concludes. Stone's case was the first
of four filed against battalion officers for dereliction in the Haditha
incident to reach court. Four enlisted men were
accused of murder for their roles in the civilians deaths, but that number
dropped to three in early April when prosecutors dropped charges Sgt. Sanick
Dela Cruz, saying his testimony at the court hearings and any subsequent
trials outweighed his involvement in the killings. Testimony throughout Stone's
hearing pointed responsibility for failing to investigate the Haditha deaths
at higher command levels than Stone. The killing took place after a roadside
bomb destroyed a Humvee the morning of Nov. 19, leading to a house-clearing
operation and the shooting of five men who emerged from a car near the site
of the bombing. Numerous witnesses who
testified over the last several days said they relied on the same initial
information as Stone in concluding the matter did not require an
investigation. The first reports said the deaths occurred as a result of
civilians caught in the crossfire during combat action between the Marines
and insurgents immediately following the bombing. This morning, Maj. Kevin
Gonzalez, the executive officer for the battalion in Haditha in 2005,
testified that Stone was an able and competent officer who had been
instructed to rely on higher-level legal affairs officers to determine when
investigations were necessary. "He was not expected to
take affirmative action," Gonzalez said. The next step in the case is
for McCann to write a report to Lt. Gen. James Mattis stating whether he
believes the evidence warrants sending Stone to trial. Mattis will make the
final decision as head of Marine Corps forces in the Middle East. See Wednesday's North County
Times for a full report on the hearing and the final arguments from the
defense and prosecution. External link: http://www.nctimes.com/articles/2007/05/15/news/top_stories/41307154444.txt |