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December 19th, 2007 - Haditha Defendant Wants Murtha, Hagee to Talk

News article by North County Times

Summary of the Haditha Massacre

Haditha Defendant Wants Murtha, Hagee to Talk

Accused Marine’s lawyers say political pressure prompted charges

 

By Teri Figueroa

North County Times

December 19, 2007

 

Camp Pendleton - A lance corporal charged with killing Iraqi civilians, including children, in Haditha in 2005 wants a military court to order U.S. Rep. John Murtha to submit to interviews about comments Murtha made accusing Marines of murder.

 

Attorneys for Lance Cpl. Stephen Tatum also want to force an interview with retired Marine Corps Commandant Michael Hagee about what Hagee may have said to Murtha or others about the Haditha killings.

 

Defense attorney Jack Zimmerman argued in a Camp Pendleton courtroom Wednesday that the charges Tatum faces may have come not because they were warranted, but rather as a result of pressure from top Marine Corps brass.

 

The slayings in Haditha on Nov. 19, 2005, triggered an international uproar and condemnation. Murtha, D-Pa., a former Marine, asserted publicly that he had learned from Marine Corps officials, including Hagee, that innocent Iraqis had been killed "in cold blood."

 

"We need to know if the commandant really said that," Zimmerman told the judge, Lt. Col. Eugene Robinson.

 

Zimmerman, a civilian attorney, wants to find out which military officials spoke to Murtha and what they may have told him.

 

Tatum, 26, has been charged with involuntary manslaughter in the shooting deaths of two children in a Haditha home. Tatum, who also is charged with aggravated assault and reckless endangerment, has not yet entered a plea.

 

His trial is set for early spring. A conviction could result in up to 19 years in prison and a dishonorable discharge.

 

Zimmerman said he plans to ask Robinson to dismiss the case, based on his contention that Tatum will not get a fair trial.

 

The defense attorney raised concerns that potential jury members may have been unduly influenced by comments from commanders suggesting the accused Marines are guilty.

 

Robinson will rule on the request on a later date.

 

Zimmerman told the judge that Hagee, who retired from the Marine Corps in November 2006, has declined to submit to an interview. Murtha also declined, Zimmerman said.

 

Murtha's comments also spawned a civil libel suit brought by Staff Sgt. Frank Wuterich, another Marine who may face charges in the Haditha killings.

 

In September, a federal trial judge ordered Murtha to talk to Wuterich's attorneys about whether his comments came within the scope of his job as a congressman. Murtha is appealing the order.

 

In addition to Hagee and Murtha, Tatum's attorneys also want Robinson to force Tatum's former battalion commander, Lt. Col. Jeffrey Chessani, to testify at Tatum's trial, set for March.

 

Chessani was in charge on the day of the shootings, and is facing his own trial on charges of willful dereliction of duty and violation of a lawful order for allegedly failing to completely probe the slayings.

 

Tatum's pre-trial hearing addressed a number of issues, including the reluctance of the Iraqi witnesses to come to the United States to testify.

 

External link: http://www.nctimes.com/articles/2007/12/20/news/top_stories/1_04_3612_19_07.txt

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