|
The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
|
November 14th,
2007 - Marine Officer Hearing Haditha Case May Step Aside News article by San Diego
Union-Tribune |
|
Marine Officer
Hearing Haditha Case May Step Aside By Jose Luis Jiménez San Diego Union-Tribune November 14, 2007 A pretrial hearing into a
Camp Pendleton officer's alleged failure to probe the killing of 24 Iraqi
civilians ended prematurely yesterday because of a potential conflict of
interest. The officer overseeing the
hearing on the base, Lt. Col. Tracy Daly, is expected to step aside this
afternoon. Defense attorneys yesterday asked Daly to recuse himself because
he attended military graduate school with a potential witness whom he
considers a close friend. A recusal would indefinitely
postpone the case involving 1st Lt. Andrew A. Grayson, who is charged with
dereliction of duty, making a false official statement and obstructing
justice. If convicted, Grayson would face a maximum sentence of 10 years and
six months in prison. Prosecutors have accused
Grayson of not properly investigating why several enlisted Marines under his
command killed the civilians in Haditha, Iraq, on Nov. 19, 2005. The Marines
went on a rampage after a roadside bomb killed a member of their convoy,
prosecutors have said. Four enlisted Marines were
initially charged with murder, but only one will face court-martial. Those
Marines said the civilians were inadvertent casualties of war when insurgents
used them as shields during combat. During yesterday's hearing,
prosecutor Paul Atterbury said he had evidence that Gray was ordered by an
Army colonel to turn over digital pictures documenting the mass killings at
Haditha. The colonel was leading an investigation into the killings. Instead, Grayson ordered a
sergeant to delete the photos and to deny they existed, Atterbury said. Daly's college friend – an
Army major who helped lead the Haditha investigation – likely would be called
to testify about Grayson's behavior at the time. Defense attorney Joseph
Casas said that, at minimum, there was an appearance of bias if the major
testified. He also said Daly may consider his friend's testimony much more
favorably than the words of other witnesses. Also in the Haditha case,
Marine Lance Cpl. Stephen Tatum was arraigned yesterday on charges of
involuntary manslaughter and aggravated assault in connection with the
Haditha killings. Tatum, from Oklahoma, declined to enter a plea to the
charges, which carry a maximum sentence of 19 years in prison if there is a
conviction. External link: http://www.signonsandiego.com/news/northcounty/20071114-9999-7m14haditha.html Prosecutor says officer at
Haditha lied Conflict may force rescheduling of hearing for 1st Lt. Andrew Grayson By Mark Walker North County Times November 14, 2007 Camp Pendleton - A Marine
intelligence officer failed to investigate the slaying of 24 Iraqi civilians
in the city of Haditha two years ago and later lied to investigators, a
prosecutor charged Tuesday. The prosecutor, Lt. Col.
Paul Atterbury, made the accusations during a brief opening statement at a
hearing to determine if 1st Lt. Andrew Grayson will be ordered to trial on
charges of dereliction of duty, obstruction of justice and making a false
statement. That determination may be
delayed, however, because of a conflict that surfaced late Tuesday afternoon:
The Marine officer presiding over the case, Lt. Col. Tracy Daly, said he is a
friend of a key government witness. That prompted a demand from
Grayson's attorney that Daly step down and a new presiding officer be
appointed, a process that could delay the hearing for several weeks or more. Grayson is one of four
officers charged with failing to investigate the killings that took place at
the hands of a Camp Pendleton squad on Nov. 19, 2005. The battalion commander
at Haditha, Lt. Col. Jeffrey Chessani, faces trial in April for dereliction
of duty. Nineteen of the civilians
were killed inside their homes after the squad searched for those responsible
for a roadside bomb that killed one Marine and injured two others. Grayson is the last of eight
Marines charged with crimes arising from the incident to appear in court for
an Article 32 hearing, a process akin to a probable cause hearing. The obstruction charge
alleges the 26-year-old ordered the destruction of photographs of the slain
civilians. As part of its case against
Grayson, Atterbury said the government will show the Ohio native also was
aware of a Haditha town council conclusion that the killings constituted a
war crime. The council issued a formal demand for a probe a few days after
the killings. Grayson's attorney, Joseph
Casas, contended in his opening statement that his client was never at the
scene of the killings and that his job was not to investigate civilian deaths
but to gather intelligence and find out who was killing Marines. Grayson, who had several
relatives in the courtroom, said little other than to identify himself and
say who he wanted to represent him. He faces up to 19 years in prison if
convicted on all those counts and sentenced to the maximum punishment. The Haditha killings spawned
an international outcry when they came to light in early 2006, after a Time
magazine reporter who had spoken with relatives of the slain Iraqis began
asking questions. Until then, Marine Corps
officials had said the incident in the city, which lies 150 miles northwest
of Baghdad on the Euphrates River, was the direct result of Marines being
attacked. Marine Corps officials have
said the commanders at Haditha made an initial erroneous determination that
some of the civilians died in the bombing and the others were caught in
crossfire. Two major investigations
were launched three months after the killings, one conducted by the Army into
how Marine officers reviewed and reported the incident, and another that
examined the actions of the men responsible for the killings. The twin probes resulted in
four enlisted men being charged with murder and four officers, including
Grayson, being charged with dereliction of duty and related offenses. Since those charges were
lodged on Dec. 21 of last year, charges against two of the enlisted men have
been dropped. A third has been ordered to trial on involuntary manslaughter
and related charges. The squad leader of the men
responsible for the killings, Staff Sgt. Frank Wuterich, has been recommended
to go to court-martial on seven counts of negligent homicide. He was
originally charged with 17 counts of murder. Tuesday's hearing ended
abruptly after Daly said he had a close friendship with an Army major the
government plans to call to help prove its case. That prompted Casas to ask
that Daly step down as presiding officer, and after hearing arguments on the
issue, the lieutenant colonel agreed there is at least the appearance of a
conflict of interest. "My recommendation is
that I grant the defense request to recuse myself," he said. A final decision on whether
Daly will step aside is expected when the hearing reconvenes in a base
courtroom at 1 p.m. The conflict wasn't
recognized until Tuesday because the witness list wasn't shared with Daly
until shortly after the hearing started. It was not immediately clear why he
hadn't seen the list sooner. External link: http://www.nctimes.com/articles/2007/11/14/military/1_30_2311_13_07.txt |