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September 18th, 2007 - Charges Against Marine in Haditha Case Dropped

News article by Agence France Presse

News article by North County Times

Summary of the Haditha Massacre

Charges Against Marine in Haditha Case Dropped

 

By Agence France Presse

September 18, 2007

 

Los Angeles - A Marine Corps officer accused of failing to properly investigate the alleged massacre of 24 Iraqi civilians in the town of Haditha has been cleared of wrongdoing, the military said Tuesday.

 

A statement released from the Marines Camp Pendleton base in southern California said all charges against Captain Lucas McConnell stemming from the Haditha investigation had been dropped.

 

The charges against McConnell had been dropped following a ruling by Lieutenant-General James Mattis, commander of the US Marine Corps Forces, who was last week named by the Pentagon as head of the US Joint Forces Command.

 

"(Mattis) determined that administrative measures are the appropriate response for any errors or omissions allegedly committed by McConnell," the statement said.

 

McConnell was one of eight Marines facing charges in connection with the Haditha killings in November 2005, the most serious allegations of war crimes against US troops serving in Iraq.

 

Four Marines were initially charged with murder, while McConnell and three other officers were charged with failing to properly investigate or report the circumstances surrounding the killings.

 

Prosecutors have alleged that Marines went on a killing spree in the town west of Baghdad, shooting unarmed men, women and children in retaliation for the death of a comrade in a roadside bomb on November 19 2005.

 

An initial press release from Marines concerning the incident said that 15 civilians had been killed in the bomb blast. However an investigation published by Time Magazine in March 2006 reported that many of the civilian dead had died after being shot at close range.

 

As a result the Marines launched two parallel investigations into the allegations - one focusing on the circumstances surrounding the deaths, the other looking at how the incident was investigated.

 

Charges against eight servicemen were announced last December. The various prosecutions of Marines involved in the case have slowly unraveled however. McConnell and another officer, Captain Randy Stone, have both had charges of failing to investigate the killing withdrawn.

 

Two soldiers originally charged with murder in the case have also been cleared, while an investigating officer has recommended that charges against a third soldier are also dropped.

 

That would leave only one soldier, Staff Sergeant Frank Wuterich, facing murder charges in connection with the deaths.

 

In a separate development earlier this month, a two star general and two other officers have been sanctioned for laxness in investigating Haditha but were cleared of a cover-up.

 

The Marines said "letters of censure" had been issued to the former commanding general of the 2nd Marine Division, Major General Richard Huck, and two colonels.

 

Marine Commandant General James Conway said the officers' "actions, their inactions, and decisions in the aftermath of the Haditha incident did not meet the high standards we expect of Marine senior officer leadership."

 

External link: http://afp.google.com/article/ALeqM5iEfNN-eZ6Cd9KfTmUP4Pr0C0U4_Q


Charges dropped against officer in civilian slayings

 

By Mark Walker

North County Times

September 18, 2007

 

Camp Pendleton - Charges have been dropped against a Marine captain accused by prosecutors last year of failing to investigate the deaths of two dozen civilians in the city of Haditha in November 2005.

 

The move leaves just two officers and two enlisted men facing charges in the case.

 

McConnell was charged with two counts of dereliction and could have faced six months confinement and dismissal from the service if he had been ordered to trial and convicted of the charges, which were dereliction of duty charges.

 

In dismissing the charges, Lt. Gen. James Mattis approved a decision granting McConnell testimonial immunity, meaning testimony at later trials for the other accused men cannot be used against him.

 

McConnell's attorney, Kevin McDermott, confirmed the charges have been withdrawn but declined comment.

 

In a statement issued this afternoon, The Marine Corps said unspecified "administrative measures are the appropriate response for any errors or omissions allegedly committed by McConnell."

 

The Haditha case caused an international uproar when it became public in March of last year. A subsequent investigation into how the civilians died following a roadside bombing that killed a lance corporal and injured two other Marines led to dereliction and related charges against four officers and murder charges against four enlisted men.

 

Hearings conducted at Camp Pendleton this year led to dismissal of charges against one of the officers, Capt. Randy Stone, and one of the enlisted men, Lance Cpl. Justin Sharratt.

 

Lt. Col. Paul Ware, the investigating officer who presided over Sharratt's hearing also oversaw the hearing for a second enlisted man, Lance Cpl. Stephen Tatum. Ware has recommended murder charges against Tatum also be dropped. A decision on that recommendation is pending.

 

Ware said there was convincing evidence for each of those men to believe they were confronting armed insurgents.

 

Ware's recommendation in the Sharratt case was upheld by Mattis, who presides over the Haditha prosecution in his role as commander of Camp Pendleton's I Marine Expeditionary Force and head of Marine Corps forces throughout the Middle East.

 

Ware also presided over a hearing for Staff Sgt. Frank Wuterich, the Kilo Company squad leader from Camp Pendleton's 3rd Battalion, 1st Marine Regiment. That hearing concluded earlier this month with Wuterich saying he did not believe he or his squad did anything wrong in Haditha but that he mourned the civilian deaths.

 

Wuterich, who faces 17 counts of murder, was leading his men squad on a resupply mission in Haditha on the morning of Nov. 19, 2005, when one of four Humvees in their convoy was destroyed by a roadside bomb, killing Lance Cpl. Miguel Terrazas and injuring the 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 during his hearing.

 

Nineteen other Iraqis, including six children and two women, would die in the next few hours as Wuterich and his Marines stormed four homes after being order to take that action by a Marine captain who was never charged in the case. According to testimony during the hearings, the men were in search of the bomb triggerman and those they believed were shooting at them.

 

The man who commanded the battalion in Haditha, Lt. Col. Jeffrey Chessani, is awaiting word on whether he will face trial. The investigating officer who presided over his hearing has recommended he face court-martial, finding that Chessani failed to recognize that the large number of civilian deaths required more than a cursory investigation.

 

The fourth officer charged in the case, 1st Lt. Andrew Grayson, is scheduled to have his hearing sometime next month.

 

The fourth enlisted man charged with murder, Sgt. Sanick Dela Cruz, had five murder counts against him dismissed in exchange for his testimony.

 

Earlier this month, the Secretary of the Navy issued letters of censure to three Marine officers who weren't charged with wrongdoing at Haditha but were in the chain of command. The letters that went to Maj. Gen. Richard Huck and Cols. Stephen Davis and Robert Sokolosk said they had failed to carry out their duties.

 

External link: http://www.nctimes.com/articles/2007/09/18/news/top_stories/1_1_000_15_07.txt

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