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June 13th, 2007 - U.S. Inquiry Hampered by Iraq Violence, Investigators Say

News article by the New York Times

News article by the San Diego Union-Tribune

News article by North County Times

Summary of the Haditha Massacre

U.S. Inquiry Hampered by Iraq Violence, Investigators Say

 

By Paul von Zielbauer

New York Times

June 13, 2007

 

Camp Pendleton, Calif., June 12 - Two naval investigators testified at a military hearing here on Tuesday that their inquiry into allegations that marines killed 24 Iraqi civilians in Haditha in 2005 was hampered by insurgent bombs and gunfire as well as the absence of basic equipment like tape recorders.

 

Nayda Mannle, a special agent with the Naval Criminal Investigative Service, said she had conducted a hurried group interview of six relatives of the men killed three months earlier, rapidly jotting notes of the translation of their overlapping responses as American troops stood outside, ready to fend off any attack by enemy fighters.

 

Another N.C.I.S. agent, Mark Platt, said he could not complete one interview of Iraqi witnesses in Haditha because the conversation was “cut short by small-arms fire.”

 

The testimony came in a hearing to weigh evidence against Lance Cpl. Justin L. Sharratt, one of three enlisted men in Company K, Third Battalion, First Marines, who are charged with murder in the killings of Iraqi civilians in Haditha on Nov. 19, 2005.

 

Corporal Sharratt, 22, of Canonsburg, Pa., was charged with unpremeditated murder in the shooting of three of the four men that he and another marine encountered during a search of a home, two hours after a roadside bomb killed Lance Cpl. Miguel Terrazas.

 

The two agents were among government investigators assigned to collect forensic evidence - like shell casings and blood samples - and interview Iraqi relatives of the 24 people killed in Haditha.

 

Ms. Mannle, the special agent, said her team arrived at the Marine base near Haditha in March 2006. Marines who escorted the team members to the scene told them they would have only about an hour to conduct interviews and collect evidence.

 

When the convoy approached the home where four men had been killed, Ms. Mannle recalled, she heard women inside scream in fear. Because of time and security concerns, she said, she had interviewed six family members at once, gathering testimony that would form the case against Corporal Sharratt.

 

James D. Culp, a civilian lawyer defending Corporal Sharratt, suggested that group interviews had been “contradictory to everything you have been taught.” Ms. Mannle said she did not have time to conduct separate interviews or review her notes before the marines said it was time to leave.

 

She did not record the interview, she said, because she could not find a recorder, but when pressed by Mr. Culp, she said she never sought to buy one from the post exchange.

 

An N.C.I.S. spokesman, Ed Buice, said in an e-mail message that no federal law enforcement agency regularly taped interviews.

 

As the marines hustled investigators from the home, a roadside bomb blew up nearby, Ms. Mannle said.

 

External link: http://www.nytimes.com/2007/06/13/us/13haditha.html


Accounts differ on Haditha slayings

 

By Steve Liewer

San Diego Union-Tribune

June 13, 2007

 

Prosecutors and defense attorneys yesterday sketched sharply contrasting versions of what happened Nov. 19, 2005, the day Lance Cpl. Justin Sharratt killed three brothers in Haditha, Iraq.

 

The accounts emerged during the second day of a pretrial hearing at Camp Pendleton to help decide whether Sharratt should face court-martial.

 

“One scenario describes what appears to be a proper application of force,” Lt. Col. Paul Ware, the Marine lawyer presiding over the hearing, said during questioning of a witness. “The other, taken at face value, amounts to an execution.”

 

Sharratt is charged with three counts of unpremeditated murder for shooting Jasib, Kahtan, and Jamal Aiad Ahmed. The leader of his squad, Staff Sgt. Frank Wuterich, allegedly executed a fourth Ahmed brother.

 

Wuterich attended yesterday's hearing, as did Sharratt's parents, Darryl and Theresa Sharratt of Canonsburg, Pa.

 

The Ahmeds were among two dozen Iraqis killed during the Haditha incident. In all, the deaths took place over several hours after a roadside bomb struck a convoy carrying members of Wuterich's platoon, killing one Marine and wounding two others.

 

Sharratt, Wuterich and a third enlisted Marine from Camp Pendleton could be sentenced to life in prison for their actions that day. In addition, four officers are accused of not properly investigating the killings.

 

Yesterday's witnesses included Mark Platt and Nayda Mannle, special agents for the Naval Criminal Investigative Service. The agents interviewed the Ahmed brothers' wives and children in late March and early April 2006.

 

Through a translator, the Iraqis told Platt and Mannle how several Marines came to their two-house compound, separated four men from the women and children, marched the men into a bedroom and killed them.

 

Defense attorneys yesterday pointed to statements from Sharratt and two other Marines indicating that they had heard small-arms fire from one of the Ahmed houses. When the Marines burst into the bedroom in question, according to the statements, they found several men pointing rifles at them and had no choice but to shoot first.

 

During his time on the stand, Platt described finding blood stains in the doorway, on the walls and on furniture inside the bedroom. He also testified about seeing bullet fragments that seemed to come from U.S. military weapons.

 

Mannle said the Ahmed family members' accounts seemed consistent and truthful.

 

Sharratt's attorneys hammered at what they viewed as omissions and shortcomings by the naval investigators. During cross-examination, Mannle acknowledged that Sharratt had passed a polygraph exam concerning whether any of the Ahmed brothers pointed a rifle at him.

 

She also said time constraints prompted by the extreme danger to foreigners in Haditha prevented her from separating the Ahmed family members before questioning them, which is standard procedure in crime investigations.

 

In addition, Mannle confirmed that Marines seized several AK-47 rifles and a suitcase allegedly containing Jordanian passports from the Ahmed compound the day of the killings. She said her agency wasn't able to track down these items, which might have linked the Ahmed brothers to insurgent activity.

 

External link: http://www.signonsandiego.com/news/military/20070613-9999-1m13sharratt.html


Accused Haditha Marine passed polygraph

 

By Mark Walker

North County Times

June 13, 2007 6:21 AM PDT

 

Camp Pendleton - A lance corporal charged with murder in the shooting deaths of three Iraqi brothers in 2005 passed a polygraph examination in which he said the first man he shot was holding an AK-47 assault rifle, according to testimony heard in a base courtroom Tuesday.

 

The test, administered in Iraq in April 2006, showed there was no apparent deception in an account provided by Lance Cpl. Justin Sharratt, Naval Criminal Investigative Service Special Agent Nayda Mannle testified.

 

Sharratt is charged with three counts of unpremeditated murder for his role in the deaths of two dozen Iraqi civilians following a roadside bombing on the morning of Nov. 19, 2005. The 22-year-old rifleman, who is from Camp Pendleton's 3rd Battalion, 1st Marine Regiment, could face life in prison if ordered to trial and convicted.

 

Mannle eventually became the lead agent for the Haditha investigation, which resulted in homicide charges for Sharratt and two other enlisted men. Four officers have been charged with dereliction of duty for failing to investigate the incident.

 

Mannle also testified that while the polygraph did not indicate that Sharratt was lying, the account the Marines gave of the day they stormed four homes did not match the accounts of some family members of the slain Iraqis.

 

Results of polygraph tests are not usually admissible at trial but can be raised in pretrial hearings.

 

Sharratt is accused of killing the three brothers inside the last of four homes that were assaulted by Marines after a roadside bomb killed a lance corporal and injured two others. Another man allegedly died from gunshot wounds at the hands of another defendant, Staff Sgt. Frank Wuterich.

 

The home was entered by the Marines about three hours after the bombing as they continued to search for insurgents they said attacked them with small-arms fire immediately following the bombing.

 

‘Negative for insurgents’

 

Sharratt's attorneys strived Tuesday to show inconsistencies in the government's investigation, focusing many of their questions on why agents did not pursue full background reports on the men who died inside the fourth home, particularly one man who worked on the Jordanian border and may have had several Jordanian passports in his possession.

 

Mannle, who is a civilian agent, said such checks probably should have been done and agreed that agents can still try to piece that information together. But she also said that none of the 24 victims who died in Haditha had any known ties to the insurgency.

 

"We ran them through the database and all came up as negative for insurgents," she said during telephonic testimony from an office in the Pentagon.

 

The defense also is trying to show that forensic evidence from where the Iraqi men died is inconsistent with an account given by their surviving family members, who told investigators the men were herded into a room and executed in rapid succession. Sharratt has disputed that account.

 

Instead, the forensics from the government investigation show that one of the slain men was apparently hiding inside a closet and bullet holes are scattered on a wall throughout that room. The defense contends that dispels the allegation of an execution-style slaying.

 

Also testifying Tuesday was U.S. Air Force Lt. Col. David Bolgiano, an instructor on the rules of engagement. Bolgiano said there is a disparity when it comes to civilian deaths resulting from ground combat compared to aerial assaults.

 

Sharratt's lead attorney, Gary Myers, asked Bolgiano what would happen if civilians died as a result of an airstrike.

 

"Solatia payments," he said, a reference to the term that describes payments by the U.S. to Iraqis whose property is damaged or to survivors of civilians inadvertently killed as a result of military action.

 

Bolgiano also said that even though civilians died at Haditha, that alone does not mean the Marines did anything wrong.

 

"Bad results don't mean bad decisions," he said.

 

More hearings this summer

 

The two other enlisted men facing murder charges, Staff Sgt. Wuterich and Lance Cpl. Stephen Tatum, attended most of Tuesday's proceedings along with their attorneys.

 

Wuterich was the squad leader and led the assault on the homes at the direction of platoon Lt. William Kallop, who has been granted immunity in exchange for his testimony.

 

Hearings for Wuterich and Tatum will take place this summer. Hearings for two accused officers, former battalion commander Lt. Col. Jeffrey Chessani and Capt. Randy Stone, took place in May and earlier this month.

 

The hearing officer in Stone's case has recommended that criminal charges be dropped in exchange for handling his case administratively. A recommendation on whether Chessani should be ordered to trial is expected later this month.

 

The Haditha case is separate from the case of eight men from another Camp Pendleton unit charged last year with the abduction and shooting death of a retired policeman in the village of Hamdania. Five of those men have pleaded guilty in deals reached with prosecutors and been sentenced to terms ranging from 12 months to eight years behind bars.

 

External link: http://www.nctimes.com/articles/2007/06/13/news/top_stories/1_01_106_12_07.txt

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