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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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February 10th,
2007 - Haditha Leak Could Weaken Prosecution |
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Haditha Leak Could Weaken Prosecution By William Finn Bennett Napa Valley Register Saturday, February 10, 2007 The leak earlier this year
of a detailed report on the killing of 24 Iraqis in Haditha in 2005 may have
a wide-ranging impact on the prosecutions of eight Camp Pendleton-based
troops charged in the incident, according to a longtime military attorney. Depending on the outcome of
the investigation, "a lot of legal motions will be filed to dismiss the
charges," because the leaks and their press coverage could make it
difficult for the defendants to obtain a fair trial, said Jane Siegel, a
retired Marine Corps attorney. One of the defendants is
Capt. Lucas McConnell, 31, who grew up in Napa. McConnell is charged with
dereliction of duty related to communication after the incident. He was not
present at the scene that spurred murder or negligent homicide charges
against four other Marines. Siegel, who now works in
private practice in San Marcos, represents another Marine who recently
pleaded guilty for his role in the death of an Iraqi policeman in the village
of Hamdania in a separate incident. According to news reports
initially seen in the Washington Post, the Naval Criminal Investigative
Service document is thousands of pages long and contains interviews with
Marines and Iraqi villagers who allegedly witnessed the Haditha attack. The
report also included many gruesome photographs of the victims. A spokesman for Marine Corps
Headquarters in Washington said that the service's Inspector General's office
has received a request from Lt. Gen. James Mattis to find the source of the
leak. Mattis is the convening authority over the Haditha case as commander of
Marine Corps Forces Central Command and Camp Pendleton's I Marine
Expeditionary Force. The spokesman, Capt. Jay
Delarosa, said it's not immediately clear when the investigation will start. Siegel said that if the
source of the leak turns out to be someone in the military "that person
could be subject to a court-martial for obstruction of justice or impeding a
trial." If it turns out the person
who leaked the information is a civilian, the Marine Corps Inspector
General's office could only ask, not force, that person to talk with Marine
investigators, Siegel said. The office could refer the matter to a U.S.
attorney's office for a decision on whether to pursue a case against that
person, she said. Jack Zimmerman, an attorney
representing Haditha defendant Lance Cpl. Stephen Tatum, said that regardless
of who leaked the information, "I would want to see the fullest measure
of sanctions available be applied." He declined to state whether
he plans to file a motion, saying he didn't want to discuss his strategy. Last month, the Washington
Post cited testimony from a massive investigation report by the NCIS -- a
report that was leaked by an undisclosed source. The witnesses allegedly said
they had seen Marines gun down five men who were standing next to a taxi near
the site of a roadside explosion that left one of 13 Marines in a convoy dead
on Nov. 19, 2005. According to news reports,
after the alleged shooting of the men in the taxi, the Marines in the convoy
stormed several nearby homes in search of what they said they believed were
insurgents. None were found, but by the time the smoke had cleared, another
19 people were dead. Charges ranging from
unpremeditated murder to negligent homicide were filed last month against
four enlisted men in Pendleton's 3rd Battalion, 1st Marine Regiment in
connection with the deaths. Four officers have also been charged with
dereliction of duty and related offenses for the way they handled the initial
investigation. The eight men are with Camp
Pendleton's 3rd Battalion, 1st Marine Regiment. The enlisted men are: Tatum,
25; Staff Sgt. Frank Wuterich, 26; Sgt. Sanick Dela Cruz, 24; and Lance Cpl.
Justin Sharratt, 22. The officers are: Lt. Col. Jeffrey Chessani, 43; Capt.
Randy Stone, 34; 1st Lt. Andrew Grayson, 25; and McConnell, 31. McConnell's attorney, Kevin
McDermott, has repeatedly professed his client's innocence. Siegel said that defense
attorneys for the accused may be right when they complain that it will be
difficult for their clients to get a fair trial as a result of the leak and
the resulting press coverage. She said that when such a
story comes out, it is immediately picked up by Internet bloggers, and
military personnel around the world see it. "And people assume that
what is in the newspaper is true when it comes from a very credible source
like the Washington Post," Siegel said. Mattis is to be commended
for calling for the investigation, she said. "It shows real
sensitivity on his part, trying to maintain the bright light of
fairness" for these defendants, Siegel said. A Washington-based attorney
who specializes in military justice had a slightly different take on the
effects of the leak. "It's premature to say
this will scuttle the prosecution," said Gene Fidell, who also serves as
president of the Washington think tank National Institute of Military
Justice. Officials with the organization say that it is a nonprofit dedicated
to advancing the fair administration of military justice and fostering
improved public understanding of the military justice system. "The real question is
whether the affected individuals can obtain a fair trial and the military
justice system has a variety of protections," Fidell said. One option is a change of
venue away from Camp Pendleton. Another is the right to examine potential
jurors and "find out if they are indeed impartial or exposed to
prejudicial pretrial publicity and if so get rid of them," he said. External link: http://www.napavalleyregister.com/articles/2007/02/10/news/local/iq_3812248.txt |