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June 4th, 2008 - Jury Gets Case of Marine Accused of Iraq Cover-Up

1st news article by the Associated Press

2nd news article by the Associated Press

Summary of the Haditha Massacre

Jury Gets Case of Marine Accused of Iraq Cover-Up

 

By Chelsea J. Carter

Associated Press

June 4, 2008

 

Camp Pendleton - A military judge told a jury Wednesday to focus on the alleged actions of a Marine intelligence officer accused of trying to help cover up the killings of 24 Iraqis rather than revisit the larger case.

 

The judge instructed the jury to only consider the charges before them in the court-martial of 1st Lt. Andrew Grayson, who is the first of three Marines scheduled to be tried in the biggest U.S. criminal case involving Iraqi deaths to come out of the war.

The judge, Maj. Brian E. Kasprzyk, handed the case to jurors after closing arguments in which a prosecutor and defense attorney offered starkly contrasting views of Grayson.

 

The prosecutor, Lt. Col. Paul H. Atterbury, painted Grayson as a liar who wanted to avoid accountability and ordered a sergeant to delete photographs of the bodies. Grayson's civilian defense attorney, Joseph Casas, said he was victim of a botched investigation under heavy media scrutiny.

 

Grayson, who says he did nothing wrong, was not at the scene of the killings of men, women and children on Nov. 19, 2005, in Haditha. He is accused of a telling a sergeant to delete photographs of the dead from his digital camera and laptop computer.

 

Atterbury told jurors evidence showed Grayson lied five times to investigators and hindered their efforts to look into the killings.

 

"Gentlemen, why would an otherwise promising officer make a statement like that? The government's argument is that it was to avoid accountability," Atterbury said.

 

But Casas told jurors the prosecution of Grayson was the result of a botched investigation.

 

The case, he said, was falling apart, pointing to a move a day earlier by a judge who dismissed an obstruction-of-justice charge against Grayson.

 

"One of the greatest charges we started out with is no longer there," Casas said. "It's like the government ran a 90-yard punt return and got called back to line 10."

 

The judge did not explain why he dropped the charge. He told jurors shortly before closing arguments began that they should not infer anything from his decision.

 

Grayson, of Springboro, Ohio, still faces two counts of making false official statements, two counts of trying to fraudulently separate from the service, and one count of attempt to deceive by making false statements. If convicted on all counts, he faces up to 20 years in prison.

 

The killings occurred after a roadside bomb killed a Marine and wounded two others.

 

Investigators allege that after the bombing, Staff Sgt. Frank Wuterich and a squad member shot five men by a car at the scene. Wuterich then allegedly ordered his men into several houses, where they cleared rooms with grenades and gunfire, killing more Iraqis, including women and children, in the process.

 

Four enlisted Marines initially were charged with murder and four officers were charged with failing to investigate the deaths. Charges were dropped against five of the Marines but remain against Grayson, Wuterich and Lt. Col. Jeffrey Chessani, who was the battalion commander.

 

Still to face court-martial are Wuterich, of Meriden, Conn., whose charges include voluntary manslaughter, and Chessani, of Rangely, Colo., who has been charged with dereliction of duty and violation of a lawful order on allegations he mishandled the aftermath of the killings.

 

Grayson and Wuterich pleaded not guilty. Chessani has said he didn't order a formal investigation because he believed the deaths resulted from lawful combat. He has not entered a plea because in the military system that is not usually done until motions hearings are completed and a court-martial is about to start.

 

External link: http://www.pe.com/ap_news/California/CA_Marines_Haditha_344327C.shtml


Jury Hears Different Views of Haditha Probe

 

By Chelsea J. Carter

Associated Press

June 4, 2008

 

Camp Pendleton, Calif. - A prosecutor said Wednesday a Marine intelligence officer helped cover up the killings of 24 Iraqis to avoid accountability, but his defense attorney said he was the victim of a botched investigation.

 

The contrasts came during closing arguments in the court-martial of 1st Lt. Andrew Grayson, whose trial is the first over the killings 2 1/2 years ago. The jury of seven officers was to begin deliberations as early as Wednesday afternoon.

 

Grayson says he did nothing wrong. He was not at the scene of the killings on Nov. 19, 2005, but is accused of a telling a sergeant to delete the photographs from his digital camera and laptop computer.

 

The prosecutor, Lt. Col. Paul H. Atterbury, told jurors that the evidence showed Grayson lied five times to investigators and hindered the probe.

 

"Gentlemen, why would an otherwise promising officer make a statement like that? The government's argument is that it was to avoid accountability," Atterbury said.

 

Grayson's civilian defense attorney, Joseph Casas, told jurors the case was falling apart, noting the judge on Tuesday dismissed a count of obstruction of justice.

 

"One of the greatest charges we started out with is no longer there," Casas said.

 

The judge, Maj. Brian Kasprzyk, did not explain why he dropped the charge. He told the jury Wednesday that they should not infer anything from his decision.

 

Grayson still faces two counts of making false official statements, two counts of trying to fraudulently separate from service, and one count of attempt to deceive by making false statements. If convicted on all counts, he faces up to 20 years in prison.

 

The killings occurred after a roadside bomb killed a Marine and wounded two others.

 

After the bombing, Staff Sgt. Frank Wuterich and a squad member allegedly shot five men near a car at the scene, investigators said. Wuterich then allegedly ordered his men into several houses, where they cleared rooms with grenades and gunfire, killing the Iraqis, including women and children.

 

Four enlisted Marines initially were charged with murder and four officers were charged with failing to investigate the deaths. Charges were dropped against five of the Marines but remain against Grayson, Wuterich and Lt. Col. Jeffrey Chessani.

 

Still to face court-martial are Wuterich, of Meriden, Conn., whose charges include voluntary manslaughter, and Chessani of Rangely, Colo., who has been charged with dereliction of duty and violation of a lawful order on allegations he mishandled the aftermath of the shooting deaths.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5hNUaTPsL6OBHarjCDUGxJ0EYsm9AD913F1HO0

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