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September 7th, 2007 - Marine Says Haditha Killings the ‘Only Choice’ after Bombing

News article by the Associated Press

News article by the New York Times

News article by North County Times

Summary of the Haditha Massacre

Marine Says Haditha Killings the ‘Only Choice’ after Bombing

 

By Allison Hoffman

Associated Press

September 7, 2007, 1:29AM

 

Camp Pendleton, Calif. - A Marine accused in the deaths of 17 Iraqi civilians told a military court Thursday "the threat had to be neutralized" after a roadside bomb hit his convoy and killed a fellow Marine.

 

Marine Staff Sgt. Frank Wuterich made his unsworn statement as a military hearing ended into the slayings in the town of Haditha.

 

"Engaging was the only choice," he said.

 

In all, 24 civilians were killed by Wuterich's squad in the aftermath of a bomb blast on Nov. 19, 2005. Among the dead were women and children who were killed in their homes as Marines went on a house-to-house sweep.

 

Wuterich, 27, also said he will "always mourn the unfortunate deaths of the innocent Iraqis who were killed during our response to that attack." Wuterich is accused of unpremeditated murder in 17 of the killings.

 

Under military law, prosecutors could not cross-examine him about the killings that sparked the biggest criminal case against U.S. troops in the Iraq war.

 

At his preliminary hearing, Marine Corps officials were trying to determine if his actions were consistent with his training and with combat rules in place at the time.

 

Wuterich, of Meriden, Conn., previously said he was following rules of engagement that were then in place, and that he attacked the houses because he thought gunfire was coming from them.

 

On Thursday, he spoke for about half an hour from his seat at the defense table. He kept his hands folded in front of him as he answered questions from his attorney.

 

Haditha was "ominously quiet" as his men rolled out on a supply run the day of the attack, he said. After the bomb exploded, the mission quickly shifted to countering the attack, he testified.

 

"I realized my mission had changed. We had practiced this scenario before, in classrooms, on whiteboards," he said.

 

Wuterich, who was on his first combat tour, described shooting five men because they were starting to run away.

 

Sgt. Sanick Dela Cruz, a squadmate, had testified the men weren't running but were instead "just standing around," some with hands interlocked on their heads.

 

Dela Cruz testified with immunity after prosecutors dropped murder charges against him. He also said Wuterich had told him to tell anyone who asked that the men had been running away.

 

Wuterich is also charged with making a false official statement and telling Dela Cruz to do the same.

 

Wuterich said Thursday he never told Dela Cruz to lie.

 

He also said he did not stop to check who was in the houses his men cleared. Wuterich said he wasn't required to positively identify his targets before shooting because he had determined the houses were hostile.

 

Wuterich, a father of three daughters, said he has had nightmares about the attacks.

 

"I can look at my family, and I know that I would not want that to happen to them," he said. "I will never be OK with how events turned out that day."

 

Wuterich faces a possible life sentence and dishonorable discharge if court-martialed.

 

Lt. Col. Paul Ware, the investigating officer overseeing the Haditha case, will make a recommendation about whether Wuterich should stand trial. Lt. Gen. James Mattis, who is overseeing the case, will make the final decision.

 

Ware has already recommended that charges be dismissed against two other Marines who had been charged with murder in the same case.

 

On Wednesday, three high-ranking Marines were given censures, the military's most severe administrative punishment, for their roles in investigating the deaths.

 

External link: http://www.chron.com/disp/story.mpl/world/5114812.html


Marine’s Defense Team Ends Haditha Hearing Abruptly

 

By Paul von Zielbauer

New York Times

September 7, 2007

 

Camp Pendleton, Calif., Sept. 6 - A military hearing for a Marine squad leader accused of killing 17 Iraqi men, women and children in Haditha in 2005 ended abruptly on Thursday, after only three days of testimony that seemed to provoke more questions than answers.

 

Lawyers for the defendant, Staff Sgt. Frank D. Wuterich, had been expected to call a fellow infantryman, who testified last week against Sergeant Wuterich, back to the stand. That witness, Lance Cpl. Sanick Dela Cruz, had told the court that Sergeant Wuterich killed five unarmed Iraqi men who got out of a car near the scene of a roadside bomb attack against the marines.

 

After a three-hour delay, however, the defense dropped its plan to cross-examine Sergeant Dela Cruz and the hearing ended.

 

Sergeant Dela Cruz, who received immunity in April after prosecutors dropped murder charges against him in exchange for his testimony, had testified that Sergeant Wuterich fired his M-16 rifle at the five men as they stood near the car, some with their hands raised in surrender. The defense had been expected to challenge that view.

 

Sergeant Wuterich has admitted to shooting the men but said they began running away, defying orders to halt. His lawyers argued that running away in the moments after the bomb detonated could be construed as a hostile act under the Marine Corps rules of engagement in Iraq, where such attacks have posed the most frequent and deadliest threat to American troops.

 

But Sergeant Wuterich’s lawyers have not been able to prove that the men were running away; on the contrary, testimony from a government forensic expert said the men’s wounds suggested that they were not moving away when they were shot.

 

Sergeant Wuterich, 27, of Meriden, Conn., is also charged with killing 12 other Iraqis, including seven women and children, in two homes after a Marine officer, First Lt. William T. Kallop, ordered the unit to clear an area south of the scene of the bomb. Lieutenant Kallop was also granted immunity in return for his testimony.

 

Sergeant Wuterich’s hearing is the last involving the four men initially charged with murder after the attack. Murder charges against one of two enlisted men were dismissed in July.

 

Last month, Lt. Col. Paul J. Ware, who has presided over the hearings for all three enlisted men in the Haditha case, recommended dismissing all charges against the other enlisted man, but no decision has been made.

 

Those two men - Lance Cpl. Justin L. Sharratt and Lance Cpl. Stephen B. Tatum - were charged with killing nine people.

 

As a more senior marine, Sergeant Wuterich has been portrayed by prosecutors as responsible for not only his own actions but also those of his men.

 

Before the proceeding closed, Sergeant Wuterich read a nine-page statement to Colonel Ware, who will advise a Marine general whether sufficient evidence exists to forward the charges to a court-martial.

 

In the statement, Sergeant Wuterich took responsibility for his decisions in the heat of battle to kill people in the two houses who he said were suspected of being armed insurgents, and for the order he gave to his men to “shoot first, ask questions later.”

 

“I wanted them to understand,” he said, repeating a central argument of his defense, “that hesitation to shoot would only result in the four of us being killed.”

 

Copyright 2007 The New York Times Company

 

External link: http://www.nytimes.com/2007/09/07/world/middleeast/07haditha.html


Wuterich says he mourns Iraqi deaths

Hearing ends for Marine sergeant at center of Haditha killings

 

By Mark Walker

North County Times

September 7, 2007

 

Camp Pendleton - Accused of leading his troops in what prosecutors say was the wrongful killing of two dozen Iraqi civilians in the city of Haditha nearly two years ago, Staff Sgt. Frank Wuterich has served as a symbol for U.S. military action in Iraq having gone awry.

 

On Thursday, a calm and clear-speaking Wuterich said in a military courtroom that he followed his training after his squad was attacked by a roadside bomb and that he will forever regret the loss of innocent life.

 

"As a sergeant and a squad leader, I am responsible for the decisions made to employ the tactics we used that day," Wuterich told Lt. Col. Paul Ware, the Marine officer who presided over a four-day hearing for the accused Marine. Ware will recommend whether Wuterich should face trial in the deaths of 17 of the 24 Iraqi civilians.

 

"I will always mourn the unfortunate deaths of the innocent Iraqis who were killed during our response to that attack,"

 

Wuterich was leading a squad from Camp Pendleton on a resupply mission the morning of Nov. 19, 2005, when a Humvee was destroyed by a roadside bomb, killing a lance corporal and injuring two other Marines.

 

Moments later, five men who emerged from a car that drove up were killed by Wuterich and another Marine. Wuterich said those men were running away when he knelt and shot them in the belief they were insurgents responsible for the roadside bombing and possibly carrying a bomb in their car.

 

"The threat had to be neutralized," he said.

 

Nineteen other Iraqis, including six children and two women, would die in the next few hours as Wuterich and his Marines stormed four homes. According to testimony, they were in search of the bomb's triggerman and those they believed were shooting at them.

 

Most of the 27-year-old Marine's comments came as he read from a prepared statement. He then answered several questions from his lead attorney, Neal Puckett, who asked how he felt about the incident, which would draw international attention to Wuterich and the Marines.

 

"I will never be OK with what happened that day," Wuterich said. "One of my Marines got killed, two of them got seriously injured.

 

"Personally, I feel like there were certain decisions that I made then that I might have changed, such as taking a different route back."

 

As his wife and parents watched him speak from the gallery of a base courtroom, the married father of three daughters also expressed remorse.

 

"Families got killed that day, and I know I can look at my family and I would not want that to happen to them," he said. "I will never be OK with how the events turned out that day."

 

Wuterich also denied saying a week prior to the incident that if his squad was ever attacked he would lead his men in killing everyone in the vicinity. A witness against Wuterich, squad member Sgt. Sanick Dela Cruz, testified last week that Wuterich made that statement.

 

Wuterich also rejected Dela Cruz's testimony that Wuterich told him to say the men from the car were shot by Iraqi army troops with the Marines that day.

 

Investigating officer’s work

 

Ware now has to weigh often contradictory testimony of government witnesses and the rules of engagement in place in 2005 as he decides whether there is sufficient evidence to recommend that Wuterich face a court-martial.

 

Ware may have tipped his hand in remarks at the close of the hearing. He told prosecutors he wanted them to explain in writing why Wuterich should be held accountable for the deaths of six Iraqis inside a bedroom of the first home they stormed.

 

In his statement, Wuterich acknowledged leading the assault on the homes, an action that he said came from an order issued by Kilo Company platoon Lt. William Kallop. Wuterich said he never shot anyone inside the first two homes.

 

Of the four men originally charged with the Haditha killings, prosecutors later dropped five homicide counts against Dela Cruz in exchange for his testimony.

 

Earlier this summer, Ware recommended dropping the charges against squad member Lance Cpl. Justin Sharratt, and last month made a similar recommendation in the case against Lance Cpl. Stephen Tatum. Camp Pendleton's Lt. Gen. James Mattis, the authority over the case, agreed to drop the charges against Sharratt. Mattis has not yet ruled on whether to drop the charges against Tatum.

 

Officers also charged

 

The Haditha killings prompted a worldwide outcry when reported by Time magazine in March 2006. Included in the criticism leveled at the Marines was a statement from Rep. John Murtha, D-Pa., who said the troops were overstressed and had "killed in cold blood."

 

That comment set off a political firestorm and re-energized the debate over the Iraq war.

 

When the killings occurred, Marine commanders in Iraq initially decided the deaths were "collateral damage" from combat.

 

That was the official line until two months after the killings, when a Time correspondent who had spoken with survivors asked questions about it. By March of last year, the military ordered a full-scale investigation into the killings and how commanders handled the incident.

 

In December, the results of those inquiries were murder charges for Wuterich, Dela Cruz, Sharratt and Tatum. Four officers from their unit, Camp Pendleton's 3rd Battalion, 1st Marine Regiment, were charged with dereliction of duty for failing to fully investigate the case.

 

Charges against one of those officers, Capt. Randy Stone, have since been dropped. The battalion commander at the time, Lt. Col. Jeffrey Chessani, has been recommended to face court-martial.

 

Hearings for the other officers, 1st Lt. Andrew Grayson and Capt. Lucas McConnell, are pending. Grayson's attorney Joseph Casas said Thursday that he has asked the hearing for his client to take place in November.

 

On Wednesday, the Marine Corps announced it had censured three other Marine officers for failing to order an investigation, including former 2nd Marine Division commander Maj. Gen. Richard Huck.

 

External link: http://www.nctimes.com/articles/2007/09/07/news/top_stories/1_01_069_6_07.txt

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