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May 29th, 2008 - Defense Says Marine Was ‘Fall Guy’ in Haditha Case

News article by the Associated Press

News article by North County Times

News article by BBC News

Summary of the Haditha Massacre

Defense Says Marine Was ‘Fall Guy’ in Haditha Case

 

By Chelsea J. Carter

Associated Press

May 29, 2008

 

Camp Pendleton, Calif. - A Marine intelligence officer was alternately portrayed at his court-martial Thursday as a liar who helped cover up the killings of 24 Iraqi men, women and children and the "fall guy" for a botched investigation.

 

Lt. Col. Paul H. Atterbury, the prosecutor, said in his opening statement that Lt. Andrew Grayson lied to investigators to help cover up the Nov. 19, 2005, killings in the Iraqi city of Haditha. But Grayson's defense attorney said the officer had no motive to lie about the killings because he wasn't there when they happened.

 

"Lieutenant Grayson is nothing more than a fall guy in a botched investigation under intense media pressure," Maj. William A. Santmyer told the jury of seven officers.

 

Grayson, of Springboro, Ohio, is the first of the three remaining defendants in the case to go to trial. He faces a maximum of 25 years in prison, forfeiture of all pay and dismissal from the Marine Corps, if found guilty of all charges.

 

Atterbury told jurors there are key undisputed facts in the case: A roadside bomb killed a Marine and wounded two others and two hours later the squad's actions resulted in the deaths of the 24 men, women and children.

 

Four enlisted Marines were initially charged with murder, though charges were later dropped against three and reduced for the fourth, Staff Sgt. Frank Wuterich. In addition, four commissioned officers were accused of failing to investigate or covering up the incident, but charges remain against only two: Grayson and Lt. Col. Jeffrey Chessani.

 

After the bombing, investigators say, Wuterich and a squad member shot five men by a car at the scene. Wuterich then allegedly ordered his squad into several houses, where they cleared rooms with grenades and gunfire, killing unarmed civilians.

 

Grayson was not present at the scene of the killings but is accused of telling a sergeant to delete photographs of the dead from his digital camera.

 

Santmyer said the only connection between Grayson and the Haditha case were pictures.

 

"What the evidence will not show and what the government will not be able to show is a motive for the misconduct Grayson is alleged to have committed," he said.

 

Grayson is charged with two counts of making false official statements, two counts of trying to fraudulently separate from service, and one count each of attempt to deceive by making false statements and obstruction of justice by trying to impede an investigation.

 

Grayson, who says he did nothing wrong, rejected a plea deal under which his charges would have been dismissed in exchange for an admission that he covered up the killings, his attorney has said.

 

Wuterich, of Meriden, Conn., faces voluntary manslaughter and other charges. Chessani, of Rangely, Colo., is charged with dereliction of duty and violation of a lawful order on allegations he mishandled the aftermath of the shooting deaths. Chessani was a battalion commander.

 

Correction: Marines-Haditha story

 

Camp Pendleton, Calif. - In May 28 stories about a Marine officer on trial for allegedly obstructing justice and making false statements related to the killings of 24 Iraqis in Haditha, The Associated Press erroneously reported that eight Marines killed the Iraqis.

 

Four Marines were originally charged with the November 2005 killings and four faced counts related to the investigation of the deaths. Charges against five have since been dropped.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5hNUaTPsL6OBHarjCDUGxJ0EYsm9AD90VF3788


Attorney: Accused Marine ‘fall guy’ in Haditha case

Opening statements, testimony kick off court-martial for Lt. Andrew Grayson

 

By Teri Figueroa

North County Times

May 29, 2008

 

Camp Pendleton - Calling his client "a convenient fall guy for the government," a defense attorney for Lt. Andrew Grayson told a military jury Thursday that the officer had no motive to cover up evidence of the slayings of 24 Iraqi civilians in the town of Haditha, Iraq.

 

Grayson is accused of ordering a junior Marine to delete more than three dozen photographs depicting the dead, women and very young children among them.

 

The alleged order from the then-military intelligence officer came three months after the Nov. 19, 2005, deaths, during the early stages of media-sparked military investigations into the killings.

 

The 27-year-old Ohio native has pleaded not guilty to all the charges, including obstruction of justice, lying to investigators and an accusation that he tried to get out of the military after charges were levied in order to avoid a court-martial.

 

Maj. William A. Santmyer told the panel that Grayson was not present on the day of the killings, nor was he present when Haditha city leaders asked military officers to investigate the slayings.

 

"Grayson is nothing more than a fall guy for a series of investigations conducted under intense media pressure," Santmyer told the seven jury members.

 

The killings led to international condemnation - and, eventually, to criminal charges against four enlisted Marines accused as triggermen, as well as four officers accused with a role in the aftermath.

 

It is the largest war crimes case involving civilian deaths since the start of the Iraq war.

 

Charges against five of the eight accused Marines, including three of the alleged gunmen, have since been dropped.

 

The civilian killings allegedly took place after a 2005 roadside bombing killed one Marine and injured two others. In the moments and hours that followed the bombing, the Marines allegedly killed 24 civilians as they sought the bombers and the people they said shot at them immediately after the explosion.

 

One of the government's key witnesses took the stand Thursday morning, the first person to testify in the case.

 

Staff Sgt. Justin Laughner told the jury he took pictures of the slain Iraqis on the day of the shootings to determine if any were known or suspected insurgents. He later showed the photos to Grayson, who was the leader of his intelligence team.

 

He said that months later, when the heat was on from investigations into the possibility that the killings violated war crimes laws, Grayson ordered him to delete the photos from his computer.

 

"I knew I'd done something wrong with (deleting) those photographs," Laughner said.

 

Laughner is expected to spend at least an hour under cross examination by Grayson's attorneys Thursday afternoon.

 

External link: http://www.nctimes.com/articles/2008/05/29/military/z4d65d55ff4bfcf9d88257458006c823a.txt


Marine ‘lied’ over Haditha deaths

 

By BBC News

May 29, 2008

 

A US marine lied to cover up a squad's killings of 24 civilians in Iraq's city of Haditha in 2005, a US prosecutor has said at the officer's court martial.

 

The prosecutor's comments came during opening statements in the trial of Lt Andrew Grayson in California.

 

Lt Grayson is charged with obstructing justice and making false statements in connection with the case. He rejects the allegations.

 

He is the first of three defendants to go on trial.

 

Four marines were initially charged with killing of the 24 unarmed Iraqi civilians, including women and children, in Haditha. Another four were charged with failing to investigate the deaths.

 

But five of the marines have now had charges dismissed.

 

‘Photos deleted’

 

Lt Grayson lied to investigators to help cover up the killings in Haditha, prosecutor Lt Col Paul Atterbury told a seven-member jury at the court martial in Camp Pendleton.

 

The prosecutor also said there were key undisputed facts in the case: a roadside bomb on 19 November 2005 killed a marine and injured two others, and two hours later the squad's actions resulted in the deaths of the 24 Iraqis.

 

The US military at first reported that the Iraqis had been killed by that explosion, or in a subsequent gunfight with insurgents.

 

But Iraqi witnesses said the US troops shot dead five unarmed men when they approached the scene of the bombing in a car.

 

The troops were then accused of killing 19 other civilians in three houses nearby over the next few hours.

 

Lt Grayson is alleged to have instructed a sergeant to delete digital photographs of the incident from his camera.

 

He is charged with six counts of making false statements and obstructing justice.

 

Lt Grayson would also have had his charges dropped if he had accepted a plea deal and admitted that he covered up the killings, his lawyer said.

 

If found guilty, he could face up to 30 years in prison, forfeiture of all pay and dismissal from the Marine Corps.

 

Video footage

 

Despite the accusations, there was no full US investigation into what happened until January 2006, when video footage emerged of the aftermath, filmed by a local human rights activist. A subsequent investigation by Time magazine suggested that most of the dead were shot by marines after the bombing - and in March 2006 a criminal investigation was launched.

 

The following month, three officers in charge of troops in Haditha were stripped of their command and reassigned.

 

Those accused of involvement in the incident have maintained they were reacting to insurgent fire.

 

One of the men, Staff Sgt Frank Wuterich, faces a court martial on nine counts of voluntary manslaughter later this year.

 

The third marine to face a court martial will be battalion commander Lt Col Jeffrey Chessani, who has been charged with dereliction of duty and violation of a lawful order.

 

External link: http://news.bbc.co.uk/2/hi/middle_east/7426429.stm

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