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March 19th, 2008 - Marine’s Defense Jabs at Evidence

News article by the San Diego Union-Tribune

News article by North County Times

News article by the Associated Press

Summary of the Haditha Massacre

Marine’s Defense Jabs at Evidence

 

By Rick Rogers

San Diego Union-Tribune

March 19, 2008

 

Camp Pendleton - Just days before Marine Lance Cpl. Stephen Tatum goes on trial in the slayings of 24 Iraqi civilians, his attorneys and prosecutors wrangled over the admissibility of various statements and photographs during a hearing yesterday at Camp Pendleton.

 

Tatum is charged with involuntary manslaughter, aggravated assault and reckless endangerment. He was part of a Camp Pendleton-based squad that killed the civilians Nov. 19, 2005, in the town of Haditha.

 

The incident began after a roadside bomb struck a military convoy, killing one Marine and wounding two others. Tatum and other Marines led by Staff Sgt. Frank Wuterich raided nearby homes with assault weapons and grenades, killing 19 men, women and children in the process.

 

They also shot to death five men who got out of a vehicle near the site of the blast.

 

Prosecutors have accused the Marines of committing a war crime and violating the military's rules for combat engagement. The defendants have maintained that civilians regrettably got caught in the crossfire of a legitimate battle between Marines and insurgents.

 

Tatum was one of four enlisted Marines originally charged with murder in December 2006. Since then, the government has reduced its charges against him and Wuterich while dropping all charges against the other two defendants.

 

In addition, two officers face courts-martial for allegedly failing to properly investigate the Haditha killings.

 

Tatum's trial might start as early as March 28. If convicted, he could receive a dishonorable discharge and be sentenced to a maximum of 19 years in prison.

 

Yesterday, a military judge, Lt. Col. Eugene Robinson, ruled on several pretrial motions and heard arguments on several others.

 

The hearing centered on the admissibility of evidence, specifically photos of the dead Iraqis and statements that Tatum allegedly gave to military investigators in the months after the Haditha killings.

 

Defense lawyers said military investigators obtained those statements improperly, so the court shouldn't allow them to be admitted as evidence.

 

They also objected to showing jurors pictures of the Iraqis' bodies.

 

Jack Zimmermann, an attorney for Tatum, asked Robinson to question prospective jurors about their mental health. He said the photos are “gruesome” and could trigger post-traumatic stress disorder.

 

Robinson said he would rule on the statements and photos in a few days.

 

The sharpest exchanges of the day occurred between Army Col. Greg Watt and defense attorney Kyle Sampson. Watt was sent to Haditha in February 2006 with a team of investigators to gather information on the killings.

 

Sampson asked Watt why he didn't tell Tatum during interview sessions that he was suspected of murder. Watt said he was on a fact-gathering mission and didn't believe initially that Tatum or any of his squad mates were guilty of a crime.

 

External link: http://www.signonsandiego.com/news/northcounty/20080319-9999-1m19haditha.html


Marine can’t show jury polygraph results

 

By Teri Figueroa

North County Times

March 19, 2008

 

Camp Pendleton - A lance corporal charged with two killing Iraqi children in Haditha in 2005 will not be able to show a military jury the results of a lie-detector test he took regarding the incident, a military judge ruled Tuesday.

 

Lt. Col. Eugene Robinson ruled that it is not permissible to present polygraph evidence in any court-martial, no matter which side wants to present it.

 

The trial for Lance Cpl. Stephen Tatum is set to start on March 27. He has been charged with involuntary manslaughter in the shooting deaths of two children in a Haditha home on Nov. 19, 2005.

 

Tatum, with Camp Pendleton's 3rd Battalion, 1st Marine Regiment, has pleaded not guilty.

 

The deaths he is charged with, and those of 22 other Iraqis, followed a roadside bombing that killed one Marine and injured two others.

 

Tatum was in a Camp Pendleton courtroom Tuesday for a number of pretrial issues, including his attorneys' request that Robinson suppress the statements their client made to investigators.

 

Army Col. Gregory Watt, who led the initial investigation into the incident, testified that Tatum signed a waiver of his rights, including his right to remain silent, before speaking to him about the incident.

 

The hearing is expected to continue this morning.

 

External link: http://www.nctimes.com/articles/2008/03/19/military/14_30_393_18_08.txt


Iraqi Journalists Forced Into Exile

 

By Kim Gamel

Associated Press

March 19, 2008

 

Baghdad - Hundreds of Iraqi journalists have been forced into exile since the war started five years ago, Reporters without Borders announced in a report released Wednesday.

 

Most fled to Jordan or Syria after receiving threats or surviving murder attempts, according to the Paris-based advocacy group.

 

"These journalists are safe again after escaping the hell of Iraq, the world's deadliest country for the media," the press freedom organization said. "But exile does not mean the end of their problems."

 

It said the first-ever detailed report on the plight of Iraqi journalists forced into exile found that most are unemployed and many had to give up their trade.

 

"All or nearly all of them are living from hand to mouth, alone or with their families," the group said after interviewing many of those who fled.

 

The report found that Iraqi journalists face the unique danger of being targeted by multiple groups - Sunni and Shiite militias, al-Qaida in Iraq, the police and other authorities and U.S.-led forces.

 

It singled out an Iraqi correspondent for the Spanish news agency EFE who fled with his wife and two children after seeing his name among a list on a poster at his local bakery in an al-Qaida-controlled neighborhood of Baghdad.

 

A veteran cameraman, who did not want to be identified for fear of reprisals, said he moved to Syria after learning that radical Shiite cleric Muqtada al-Sadr's Mahdi Army militia was asking questions about him in Baghdad.

 

Another journalist, Hussein al-Maadidi, left in October after purportedly incurring the wrath of the Iraqi authorities and U.S. military with his reports about the killings of civilians by U.S. Marines in the Anbar province city of Haditha in November 2005.

 

"The police searched my home 23 times," he was quoted as saying. "I never went home during the last two years. I even worked under another name to avoid police reprisals."

 

The group noted that Syria and Jordan have been overwhelmed with refugees from neighboring Iraq and urged countries in Europe, North America and the rest of the Arab world to do more to share the load and to "urgently adopt policies to make this possible."

 

A total of 210 journalists and media assistants have been killed since the U.S.-led invasion began on March 20, 2003, according to the group.

 

The fate of 15 journalists who have been kidnapped, including one Briton, is not known, the report said.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5jtCsMnU1-ebtS4TJHnbC3EDs1mowD8VGO4TO3

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