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September 1st, 2007 - At Marines’ Hearing, Testament to Violence

News article by New York Times

News article by the Washington Post

Summary of the Haditha Massacre

At Marines’ Hearing, Testament to Violence

 

By Paul von Zielbauer

New York Times

September 1, 2007

 

Camp Pendleton, Calif., Aug. 31 - A Marine sergeant offered gruesome testimony on Friday against a former squad leader charged with killing 17 Iraqi civilians in Haditha nearly two years ago, suggesting that the defendant, Staff Sgt. Frank D. Wuterich, was predisposed to the violence, carried it out ruthlessly and sought to cover it up.

 

The prosecution witness, Sgt. Sanick Dela Cruz, was ordered to testify with immunity after murder charges against him for killing five of the men were dismissed in April.

 

On Thursday, prosecutors dropped one charge against Sergeant Wuterich in the killing of an 18th victim, a man in the last of four homes that the sergeant and other squad members searched on Nov. 19, 2005, after a bomb hit the marines’ convoy.

 

At Friday’s hearing, to determine whether the charges against Sergeant Wuterich should progress to a court-martial, Sergeant Dela Cruz testified that Sergeant Wuterich shot five unarmed men as they stood behind a car, some with their hands interlocked behind their heads in a surrender posture, in the moments after the bomb exploded.

 

He also said Sergeant Wuterich fired more rounds into the bodies of all five men as they lay dead or dying near a car a short distance from the attack.

 

Sergeant Wuterich has said he shot the five men, but only after they ran away, which he believed constituted a hostile act that allowed him to use deadly force.

 

Sergeant Dela Cruz told prosecutors that a week before the Haditha episode, Sergeant Wuterich had reacted to an earlier roadside bombing by telling him and other marines in the unit, “If we ever get hit again, we should kill everybody in that area.”

 

Sergeant Dela Cruz said that after killing the five men in Haditha, Sergeant Wuterich turned to him and said, “If anyone asks, say they were running away.”

 

It is unclear how much weight the hearing’s presiding officer will give to the testimony of Sergeant Dela Cruz, whose credibility has been an issue in hearings for other marines charged in the Haditha killings. The presiding officer, Lt. Col. Paul J. Ware, will recommend to a Marine Corps general whether to try Sergeant Wuterich in a full court-martial.

 

Sergeant Dela Cruz has admitted to lying to an Army colonel who initially investigated the Haditha episode, in which Marine riflemen killed 24 Iraqis, including at least 10 women and children, after a roadside bomb killed one of their comrades.

 

In a sworn statement, he told the colonel that Iraqi Army soldiers traveling with his unit had killed the five men near the car, and that he had yelled at them to stop, to no avail.

 

Sergeant Wuterich’s lawyers took pains to point out that Sergeant Dela Cruz’s immunity deal protected him from being charged in the Haditha episode, and they have said he lied about Sergeant Wuterich’s actions to cover up his own criminal behavior in Haditha.

 

Another witness on Friday, Staff Sgt. Justin Laughner, a member of a Marine intelligence unit that inspected the scene of the Haditha killings, said Sergeant Wuterich had told him the men had run from the car when they were shot.

 

Sergeant Laughner also said squad members had been worried that the car could have been carrying a bomb.

 

Copyright 2007 The New York Times Company

 

External link: http://www.nytimes.com/2007/09/01/world/middleeast/01haditha.html


Witness Describes Iraq Killing

Marine Says Leader Shot Haditha Civilians

 

By Karl Vick

Washington Post

September 1, 2007

 

Camp Pendleton, Calif., Aug. 31 - A Marine testifying under immunity Friday said he saw Staff Sgt. Frank D. Wuterich shoot five unarmed Iraqi men moments after a roadside bomb exploded in Haditha in November 2005, a week after Wuterich said that if such an attack occurred, "we should kill everybody in that vicinity."

 

The damaging new testimony by Sgt. Sanick P. Dela Cruz was diluted by withering defense attacks on his credibility. At one point in a contentious four-hour review of his earlier, often contradictory accounts, the quest for truth grew so convoluted, the witness implored to be disbelieved: "I did lie about that, sir," Dela Cruz said.

 

The muddled exchanges underscored the difficulties the prosecution has faced in the Haditha case, which broke as accusations of massacre - Marines acknowledge killing 24 Iraqi civilians - but in military court has produced nothing approaching certainty.

Four Marines were charged with murder in the case. Charges against two have been dismissed, and an investigating officer, in the role of judge, has recommended dismissal for a third, citing questions about witness credibility.

 

Wuterich's case is the last to receive an Article 32 hearing, the military equivalent of a grand jury hearing. The squad leader faces 13 counts of unpremeditated murder, as well as charges of urging other Marines to lie about what happened on Nov. 19, 2005, after a roadside bomb killed a fellow Marine and thrust the unit into its first enemy contact.

 

Dela Cruz testified against Wuterich and another Marine after his own charges were dismissed in exchange for immunity from prosecution. He insisted that after giving at least two false statements to investigators - and contesting portions of others - he was finally telling the truth.

 

He said Wuterich shot five Iraqi men who appeared to be unarmed bystanders at the scene just seconds after the roadside bomb exploded. He added that the squad leader later told him to falsely assert that the men were running away, behavior that would have justified firing on them under the Marines' operative rules of engagement.

 

Dela Cruz also recounted a conversation that he said occurred a week before the shootings, after word arrived that a comrade had been wounded in a similar bombing. "For whatever reason, Staff Sgt. Wuterich said, 'If we ever get hit again, we should kill everybody in that vicinity ... so to teach them a lesson,' sir," the witness said.

 

The damaging content of Dela Cruz's testimony was tempered by his demeanor: He appeared wooden on the stand and often took long moments to produce answers to apparently simple questions.

 

At other times, he appeared contentious. Dela Cruz readily admitted to urinating onto the broken head of one Iraqi man lying dead in the road. But he disputed another Marine's allegation that while removing bodies from one of the nearby houses where more than a dozen Iraqis were killed, he kicked a dead man's head and said, "I killed that [expletive]."

 

"If I had the guts to tell I urinated and confessed about it, why would I deny this?" Dela Cruz said. "Pissing is worse than kicking."

 

"Oh, is it?" Lt. Col. Colby Vokey, a defense attorney, asked loudly.

 

The witness drew back. "They're both worse, sir."

 

Dela Cruz also admitted to abusing prisoners in Iraq, saying he kicked detainees in a way that was unlikely to leave bruises. And at Haditha, he said, he fired perhaps eight rounds into the men he said Wuterich killed. In reasoning that clearly puzzled the investigating officer, Dela Cruz said he joined Wuterich in a cover story out of fear that those shots would get him jailed.

 

"Was it your understanding that if you shot a dead body you could be charged with murder?" asked Lt. Col. Paul Ware, who will recommend whether Wuterich should face court-martial.

 

"Yes, sir," Dela Cruz said.

 

"Why?" Ware asked, then quickly shook his head. "Never mind."

 

Wuterich's attorney suggested that Dela Cruz was concerned because he had in fact fired on the men as they stood beside the road, several with their hands in the air. "Shooting dead bodies is not murder," Vokey said. "Or maybe you were the first to shoot at them?"

 

"No, sir," Dela Cruz said.

 

The hearing will resume Wednesday.

 

External link: http://www.washingtonpost.com/wp-dyn/content/article/2007/08/31/AR2007083102043_pf.html

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