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May 31st, 2007 - 2 Marines Deny Suspecting Haditha War Crime

News article by the New York Times

News article by the Los Angeles Times

Summary of the Haditha Massacre

2 Marines Deny Suspecting Haditha War Crime

 

By Paul von Zielbauer

New York Times

May 31, 2007

 

Camp Pendleton, Calif., May 30 - Two Marine junior officers, in testimony made public on Wednesday, said they had no reason to suspect a possible war crime when they inspected the human carnage, including the bodies of 10 women and children, after an infantry attack that killed 24 Iraqi civilians in Haditha in 2005.

 

But one of the officers, First Lt. Alexander Martin, suggested that one of the consequences of the Marine unit’s killing of civilians - which followed a roadside bomb blast that killed one marine and wounded two others - was that Haditha residents became noticeably more helpful, if not quite friendly, to the Americans.

 

“After 19 November,” Lieutenant Martin said in videotaped testimony, referring to the day the civilians were killed in 2005, “I had people coming up to me to tell me where the I.E.D.’s were.”

 

I.E.D. stands for improvised explosive device, or roadside bomb.

 

The other officer testifying, First Lt. Max D. Frank, offered a detailed and gruesome accounting of the human remains - including the bodies of six children and two women on one bed - that the officers saw in three homes that had been attacked by a squad of infantryman searching for insurgents whom they suspected of detonating the roadside bomb.

 

The testimony introduced on Wednesday, both videotaped in March because the officers were to return to Iraq, came at a hearing for Lt. Col. Jeffrey R. Chessani, a former commander of the Third Battalion, First Marines, who is one of four officers charged with dereliction of duty for failing to investigate the Haditha killings properly.

 

In his own videotaped testimony, Lieutenant Frank told a Marine prosecutor that each of the eight bodies he found on the bed had “multiple holes” in it, and that one child’s head was missing. But Lieutenant Frank repeatedly said in his testimony that he had never considered the possibility that a war-crime violation had occurred, the legal threshold under Marine Corps regulations that compels an episode to be reported to a superior officer.

 

“It was unfortunate what happened, sir,” Lieutenant Frank told the marine prosecutor, Lt. Col. Sean Sullivan, “but I didn’t have any reason to believe that what they had done was on purpose,” he said of the Marine infantrymen who killed the civilians in a house-to-house attack after coming under fire from insurgents. He said he and other officers had agreed to portray the deaths to Haditha town leaders as an unfortunate and unintended result of local residents’ allowing insurgent fighters to use family homes to shoot at passing American patrols.

 

After returning to the Marine base near Haditha on the evening of Nov. 19, 2005, Lieutenant Frank said, another officer, First Lt. Adam P. Mathes, told him that the Marines should not issue an apology for wrongfully killing civilians but offer a less conciliatory statement.

 

Lieutenant Frank said Lieutenant Mathes, the company’s executive officer, advised a Marine major assigned to a civil affairs unit that “the best way to explain this to the Iraqi people” would be to tell them, “It’s an unfortunate thing that happens when you let terrorists use your house to attack our troops.”

 

Lieutenant Frank, who testified after being granted immunity from prosecution in the Haditha case, said he complained to the company commander about the way that marines were forced to photograph and collect the 24 bodies.

 

The marines had only four or five body bags at the base and used them to collect the largest of the dead civilians, said Lieutenant Frank. The children’s remains were placed in trash bags, he said. When the marines’ four-Humvee convoy carrying the bodies arrived at a local hospital morgue that evening, Iraqi workers reacted in horror and some vomited at the sight, he testified.

 

Copyright 2007 The New York Times Company

 

External link: http://www.nytimes.com/2007/05/31/world/middleeast/31haditha.html


Marine says scene of Haditha slayings was disturbing

U.S. lieutenant who helped clear bodies testifies that he saw no reason to suspect foul play in the 2005 deaths of 24 Iraqis.

 

By Tony Perry

Los Angeles Times

May 31, 2007

 

Camp Pendleton - A Marine lieutenant testified Wednesday that he had never considered that Marines might have done anything wrong in killing 24 people in the Iraqi town of Haditha, even as he found the bodies of two women and six children huddled on a bed.

 

Lt. Max Frank, who had been ordered to take the bodies to the city morgue, said he assumed that the Marines had "cleared" three houses of suspected insurgents according to their standing orders - by throwing in fragmentation grenades and entering with blasts of M-16 fire.

 

The smoke from the grenades, Frank said, would have kept the Marines from seeing that they were firing on women and children.

 

"It was unfortunate, but I had no reason to believe anything they had done was on purpose," Frank said during a videotaped deposition.

 

His testimony came on the first day of an Article 32 hearing, akin to a preliminary hearing, for Lt. Col. Jeffrey Chessani. The Haditha killings are seen as the largest atrocity allegation against U.S. troops in Iraq.

 

Chessani, 43, is charged with dereliction of duty and violating a lawful order for not ordering a complete investigation of the incident as a possible war crime. He was the commanding officer of the 3rd Battalion, 1st Marine Regiment, but was relieved of command during the investigation that led to charges against him, three other officers and four enlisted Marines.

 

The military ordered an investigation only after Time magazine published a lengthy report that contradicted the Marines' initial account portraying the deaths on Nov. 19, 2005, as the result of a roadside bombing and crossfire between Marines and insurgents.

 

Sgt. Maj. Edward Sax, who was the battalion's senior enlisted man, testified Wednesday that he assumed Chessani had conducted an investigation immediately after the incident. Later, he said, he asked Chessani whether "the Marines had done the right thing."

 

Chessani replied, "'Everything was OK,'" Sax said.

 

Sax indicated his confidence was shaken after he heard that the squad leader, Staff Sgt. Frank Wuterich, had told his Marines to "shoot first and ask questions later."

 

"That's a bad and damning comment to make for a Marine leader," Sax said.

 

Wuterich faces 12 charges of unpremeditated murder for using "deadly force without conducting positive identification" to determine that the persons in the house, and in a car outside, were insurgents.

 

The prosecution asserts that Wuterich's squad went on a rampage after a roadside bomb went off under a Humvee in his convoy, killing a Marine. The 24 slain Iraqis included three women and seven children. Defense attorneys say that the Marines were "clearing" houses after coming under gunfire from one of the homes.

 

Frank testified that he saw no indication that insurgents had been using the houses. He said he saw no weapons and no shell casings during the 10 hours he was on the scene.

 

Chessani's attorneys say that their client's superiors were aware that women and children had been killed and yet opted not to order an investigation. The attorneys allege that residents of Haditha, a town 130 miles northwest of Baghdad in Al Anbar province, concocted a story to obscure the fact that they were helping insurgents.

 

"The terrorists are laughing in their caves," Brian Rooney, one of Chessani's lawyers, told reporters. "This is what they want: For us to put each other on trial. This is the culmination of their propaganda campaign that began Nov. 19," the day of the incident.

 

Marines ordered to remove the bodies "were really disturbed about it" and said such things as "Hey, this is really gross," Frank said.

 

Hours later, Frank testified, officers talked about what to say in explaining the incident to the town elders in Haditha, a onetime insurgent stronghold in the Euphrates River Valley.

 

He said a fellow lieutenant told him, "We should explain it as an unfortunate thing that happens when terrorists use your homes to attack our forces."

 

Frank testified under immunity. Other Marines have received similar protection. One of the four enlisted Marines initially charged in the killings has had charges dropped in exchange for his testimony.

 

The hearing officer, Col. Christopher Colin, an infantry officer, will make a recommendation to Lt. Gen. James N. Mattis, commanding officer of Marines Forces Central Command, on whether the case should proceed to court-martial, be dropped or be handled through administrative procedures. The hearing is expected to take at least a week.

 

External link: http://www.latimes.com/news/printedition/asection/la-fg-abuse31may31,1,5859462.story

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