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August 24th,
2007 - Recommendation: Drop Marine Murder Case News article by the Associated
Press |
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Recommendation: Drop Marine Murder
Case By Elliot Spagat Associated Press August 24, 2007, 4:38AM San Diego - A Marine accused
of murdering Iraqi civilians, including children, in the town of Haditha
should have all charges dropped against him because of weak evidence, an
investigating officer recommended on Thursday. Lance Cpl. Stephen B. Tatum,
26, is charged with unpremeditated murder of two girls and negligent homicide
on suspicion that he unlawfully killed two men, a woman and a boy. He is also
accused of assaulting another boy and a girl. The investigating officer,
Lt. Col. Paul Ware, said the evidence was too weak for a court-martial.
Tatum, of Edmond, Okla., shot and killed civilians, but "he did so
because of his training and the circumstances he was placed in, not to exact
revenge and commit murder," Ware wrote. "I believe ... Tatum's
real life experience and training on how to clear a room took over and his
body instinctively began firing while his head tried to grasp at what and why
he was firing," Ware wrote. "By the time he could recognize that he
was shooting at children, his body had already acted." Ware's recommendation is
nonbinding. Lt. Gen. James Mattis, the commanding general overseeing the
case, has final say about whether Tatum will be court-martialed. An attorney for Tatum, Jack
Zimmerman, said he was pleased with the recommendation and would not comment
further until he knew that the general had seen the 29-page report. The victims died when a
Marine squad launched a house-to-house assault Nov. 19, 2005, following a
roadside bomb blast that killed a Marine driver. Tatum was among four Marines
charged with murder, while four others were charged with dereliction of duty
for failing to investigate the deaths. Of the four accused of
murder, prosecutors dropped charges against Sgt. Sanick Dela Cruz and gave
him immunity to testify. Mattis has dismissed charges
against another rifleman, Lance Cpl. Justin Sharratt, after an investigating
officer also recommended against sending him to a court-martial. Squad leader Staff Sgt.
Frank Wuterich still faces murder charges. He is charged with the
unpremeditated murder of 18 men, women and children and is scheduled to
appear in court Aug. 30 for a preliminary hearing. © 2007 The Associated Press External link: http://www.chron.com/disp/story.mpl/ap/nation/5080440.html Hearing officer calls for
dismissal of Haditha charges By Mark Walker North County Times August 24, 2007 Camp Pendleton - A hearing
officer is recommending that murder and negligent homicide charges against a
Marine lance corporal accused of killing six Iraqis, including three
children, nearly two years ago be dismissed. Lt. Col. Paul Ware made the
recommendation in a report released Thursday by the attorney for Lance Cpl.
Stephen Tatum, a 26-year-old Oklahoma native accused of killing civilians in
the Iraqi city of Haditha. "There is insufficient
evidence to find reasonable ground for offenses charged," Ware wrote in
the report, which will be sent to Camp Pendleton's Lt. Gen. James Mattis.
"I believe (Lance Cpl.) Tatum's real-life experience and training on how
to clear a room took over and his body instinctively began firing while his
head tried to grasp at what and why he was firing. "By the time he could
recognize that he was shooting at children, his body had already acted,"
Ware wrote of Tatum's role in the events at Haditha on Nov. 19, 2005. Ware's lengthy analysis
concludes that Tatum was following the lead of the man in charge of his
squad, Staff Sgt. Frank Wuterich. The Iraqis were killed by
Wuterich and members of his Kilo Company squad from Camp Pendleton's 3rd
Battalion, 1st Marine Regiment after a roadside bomb took the life of a lance
corporal and the unit was attacked by small-arms fire. Five Iraqis who drove up
after the bombing were killed first, followed by the slaying of 19 others
inside three homes where the Marines have said that they believed insurgents
were hiding. The Iraqis who Tatum was charged with killing were inside two of
those homes. If Ware's recommendation is
upheld by Gen. Mattis, the convening authority over the case as head of
Marine Corps forces in the Middle East, that would leave only Wuterich still
facing murder charges in a case that attracted worldwide condemnation and
accusations that the Marines had "killed in cold blood." Charges against a third
defendant, Lance Cpl. Justin Sharratt, who was accused of killing three
Iraqis, were dropped earlier this month by Mattis. Ware also presided over a
hearing for Sharratt and determined that the case against him did not
constitute murder, but was instead a legitimate response to a threat. A hearing for Wuterich is
scheduled to start at Camp Pendleton next Thursday with Ware also presiding
over that case. A fourth defendant
originally charged by Marine prosecutors with murder in the deaths, Sgt.
Sanick Dela Cruz, later had those charges dropped in exchange for his
testimony. Tatum's lead attorney, Jack
Zimmerman, said in a written statement that he and Tatum were happy with
Ware's findings. "We are pleased with
the report of the investigating officer and concur with his recommendation to
withdraw and dismiss all charges," Zimmerman wrote, declining further
comment. Gary Solis, a former Marine
Corps judge and attorney and now a recognized authority on the law of war,
said after reading Ware's report that he concurs with the recommendation. "I have said since the
outset that this would be a difficult case to prove because all of this
occurred in the course of a combat operation," said Solis, who teaches
military law at Georgetown University. Ware's references to
Wuterich taking the lead in storming the houses suggest that the staff
sergeant may have more difficulty explaining away the charges, Solis said. "The ground has been
laid in this report for a hard case against Wuterich," he said. But Neal Puckett, Wuterich's
lead attorney, disagreed with that assessment. "We believe the report
reflects favorably on our case," Puckett said, declining further
comment. Solis said he believes that
Gen. Mattis will concur with the recommendation that Tatum's charges be
dismissed. "Lt. Gen. Mattis is
unconcerned with public opinion when it comes to doing the right thing,"
he said. "I'd be extremely surprised if the recommendation is not
followed." External link: http://www.nctimes.com/articles/2007/08/24/news/top_stories/1_00_118_23_07.txt |