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June 5th, 2008 - US Marine Acquitted in Haditha Killings

News article by Agence France Presse

News article by the Associated Press

Summary of the Haditha Massacre

US Marine Acquitted in Haditha Killings

 

By Agence France Presse

June 5, 2008

 

Los Angeles - A court martial has acquitted a US Marine for his role in the deaths of 24 civilians in Haditha in Iraq in 2005, the sixth man to be exonerated in the affair.

 

Lieutenant Andrew Grayson, 27, was declared "not guilty on all charges" by a jury, said a spokesman for the Camp Pendleton military base in southern California where the hearing started on May 28.

 

Grayson had been charged with making false statements and attempting to fraudulently separate from the Marine Corps. He was also charged with obstruction of justice, but the military judge dismissed this charge Tuesday.

 

He was the first Marine to stand trial in connection with the killings of 24 men, women and children in Haditha, the most serious war crime allegations leveled at US forces since the 2003 invasion to topple Saddam Hussein.

 

On November 19, 2005, a US soldier on patrol was killed by a roadside bomb in the village of Haditha, 260 kilometers (160 miles) west of Baghdad.

 

Defense lawyers claim insurgents hidden in nearby houses subsequently opened fire on the soldiers, forcing them to respond.

 

But prosecutors say there were no insurgents, alleging that the soldiers opened fire unprovoked in revenge for their colleague's death.

 

In a three-hour shooting spree, they say, the soldiers shot five passengers of an approaching taxi and killed 10 women and children at point blank range, among others.

 

The Marines said in a press release issued immediately after the killings that 15 Iraqis had been killed by the roadside bomb that claimed the life of Lance Corporal Miguel Terrazas.

 

A subsequent investigation by Time magazine showed that most of the dead were killed as Marines swept through three houses near the bombing, prompting a wide-ranging internal investigation.

 

Eight military personnel were originally charged over the incident - four soldiers faced murder charges and four officers, including Grayson, were accused of covering up and failing to properly investigate the killings.

 

However, since charges were first announced in December 2006, prosecutors have struggled to make the allegations stick.

 

Six have now had charges against them dropped, while charges of murder against squad leader Frank Wuterich were changed to the lesser offense of manslaughter.

 

Wuterich faces trial later this year, along with Colonel Jeffrey Chessani, the highest ranking officer accused over the incident who has been charged with dereliction of duty and violation of a lawful order.

 

Wuterich told a preliminary hearing at Camp Pendleton last September that he would "always mourn the unfortunate deaths of the innocent Iraqis who were killed during our response to that attack."

 

But he said: "Based on the information I had at the time, based on the situation, I made the best decision I could have."

 

Copyright © 2008 AFP.

 

External link: http://afp.google.com/article/ALeqM5hjaYBuN5uizL85cPBdD0jzbULs5A


Marine after not guilty verdict: ‘It was surreal’

 

By Chelsea J. Carter

Associated Press

June 5, 2008

 

Camp Pendleton, Calif. - A Marine intelligence officer accused of trying to cover up the killings of 24 Iraqis appeared stunned at first when a jury acquitted him of the charges.

 

For more than two years, 1st Lt. Andrew Grayson had been under suspicion, accused of ordering the destruction of evidence in the biggest U.S. criminal case involving Iraqi deaths to come out of the war.

 

"I didn't really believe it was going to end until they said not guilty," Grayson said in his first public comments following the verdict. "The case was so volatile, you didn't know which way it was going to go."

 

Grayson had always maintained his innocence. On Wednesday, a military jury agreed with him.

 

Cheers erupted as the jury found him not guilty of ordering a sergeant to delete photographs of the bodies from a digital camera and laptop computer.

 

The judge, Maj. Brian E. Kasprzyk, admonished the courtroom, telling them: "There will be no more of that."

 

It was a reflection of the contentious nature of a case that saw Grayson painted by prosecutors as a liar who hindered an investigation. His attorneys said he was a fall guy for a botched investigation.

 

Grayson was the first of three Marines to be court-martialed in connection with killings of men, women and children on Nov. 19, 2005, in Haditha.

 

He was not present at the killings that occurred after a roadside bomb struck a convoy, killing a Marine and wounding 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 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.

 

Grayson, of Springboro, Ohio, was found not guilty of 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. He would have faced up to 20 years in prison if convicted on all counts.

 

Grayson's attorney, Joseph Casas, said he believed the verdict would influence pending prosecutions.

 

"I think it sets the tone for the overall whirlwind Haditha has been. It's been a botched investigation from the get-go," he said. "I believe in the end all of the so-called Haditha Marines who still have to face trial will be exonerated."

 

Prosecutors said Grayson, whose job was to analyze intelligence, ordered the photos deleted in an effort to protect the Marines.

 

But outside the courtroom, Grayson said the charges appear to be the result of a misunderstanding. He has always maintained he was following Marine Corps policy that prohibits the keeping of pictures on personal computers of Iraqi bodies.

 

Grayson fought back tears as he described the months leading up the trial.

 

He said he first found out he was under suspicion when he got a call from his commander months after the killings. A short time later, he was read the charges.

 

"It was surreal," he said. "You can't quite believe you are hearing all this."

 

Grayson's life was thrown into turmoil. He was barred from leaving the Marine Corps until the case was adjudicated. He had been scheduled to get out in June 2007.

 

Grayson said early on in the case he refused a deal that would have reduced charges and kept him out of prison.

 

"I was the one that had to look at myself in the mirror. To take the easy way out, you are the one that has to live with that," he said.

 

During the darkest moments of the case, he said he leaned on his wife. The couple married in the middle of the investigation and gave up a honeymoon.

 

His wife, Susan, cried as she said what she had only dared to think about for months: "It's over."

 

Prosecutors did not make themselves available for comment.

 

Still to face court-martial are Wuterich, of Meriden, Conn., whose charges include voluntary manslaughter, and Lt. Col. Jeffrey 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.

 

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.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5hNUaTPsL6OBHarjCDUGxJ0EYsm9AD913QI3O2

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