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The War Profiteers - War Crimes,
Kidnappings & Torture |
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December 7th,
2008 - Venue Fight: Blackwater Guards Plan Utah Surrender News article from the
Associated Press |
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Venue Fight:
Blackwater Guards Plan Utah Surrender By Matt Apuzzo & Lara Jakes Jordan Associated Press December 7, 2008 Washington - Five Blackwater
Worldwide security guards indicted in Washington for the 2007 shooting of
Iraqi civilians plan to surrender to the federal authorities Monday in Utah,
people close to the case said, setting up a court fight over the trial site. The case already is shaping
up to be a series of contentious legal battles before the guards can even go
to trial. By surrendering in Utah, the home state of one of the guards, the
men could argue the case should be heard in a far more conservative, pro-gun
venue than Washington, some 2,000 miles away. The five guards, all
military veterans, were indicted on manslaughter charges Thursday for their
roles in a 2007 shooting in Baghdad that left 17 Iraqi civilians dead. A
sixth guard reached a plea deal with prosecutors to avoid a mandatory 30-year
prison sentence. All the people who discussed
details of the case spoke to The Associated Press on condition of anonymity
because the indictment and plea documents remain sealed. They are expected to
be made public Monday. The shooting strained U.S.
diplomacy and fueled anti-American sentiment abroad. The Iraqi government has
urged the U.S. to prosecute the guards and cheered news of the indictments. Steven McCool, a lawyer for
Blackwater guard and former Marine Donald Ball, confirmed Sunday that his
client would surrender in Utah. Ball, a veteran of three tours in Iraq before
joining Blackwater, is from West Valley, Utah. "Donald Ball committed
no crime," McCool said. "We are confident that any jury will see
this for what it is: a politically motivated prosecution to appease the Iraqi
government." The other guards indicted
are Dustin Heard, a former Marine from Knoxville, Tenn.; Evan Liberty, a
former Marine from Rochester, N.H.; Nick Slatten, a former Army sergeant from
Sparta, Tenn.; and Paul Slough, an Army veteran from Keller, Texas. It's not uncommon for
lawyers to try to get their cases in front of favorable juries, but often it
is difficult in criminal cases. GOP Sen. Ted Stevens unsuccessfully tried to
move his recent corruption trial to his home state Alaska from the District
of Columbia. The five men were scheduled
to surrender to federal marshals in Utah, where they were expected to ask a
federal judge to keep the case from moving to Washington. Prosecutors are expected to
argue that crimes committed overseas are normally charged in Washington. They
can also argue that documents related to the sixth guard's plea deal have
already been filed in Washington. The Justice Department has
not commented on the case. In addition to manslaughter
charges, prosecutors also plan to use an aggressive law calling for mandatory
30-year prison terms for using machine guns to commit violent crimes. "It would be outrageous
to charge Mr. Ball with firearms offenses relating to guns issued by the
State Department," McCool said. The Blackwater guards, hired
by the U.S. to guard State Department diplomats in Iraq, carry automatic
weapons and drive heavily armored vehicles equipped with turret guns. The shooting at the heart of
the case involved a convoy of those vehicles responding to a car bombing in
downtown Baghdad. Entering a busy traffic circle, the convoy opened fire.
Witnesses said Blackwater was unprovoked. The company says its guards were ambushed. By the time the shooting
stopped, 17 Iraqis, including children, were dead and Nisoor Square was a
mess of blown-out cars. Prosecutors have questioned
dozens of witnesses, including many who served in the Blackwater convoy with
the five men. An Iraqi man whose son was killed in the shooting traveled to
Washington to testify before a grand jury. Before the case ever gets to
trial, however, defense attorneys are expected to bring several legal
challenges. The Justice Department does
not normally have authority to prosecute crimes committed by U.S. citizens
overseas. But contractors are immune from prosecution in Iraq. To bring the
case, U.S. prosecutors must persuade a judge that Blackwater falls under a
law covering soldiers and military contractors - even though Blackwater works
for the State Department. Prosecutors must also show
that they did not rely on any statements made by Blackwater guards
interviewed by State Department officials after the shooting. Those
statements were made under a limited immunity agreement. Copyright © 2008 The
Associated Press. External link: http://www.google.com/hostednews/ap/article/ALeqM5jtLfZVVNZF72Pzftxt21yza9lVwAD94U84900 Local Marine
indicted in Blackwater shootings By Jason Claffey Foster’s Daily Democrat December 7, 2008 Rochester - Evan Liberty,
who graduated from Spaulding High School in 2000 and is a decorated U.S.
Marine Corps veteran, is one of five Blackwater Worldwide security
contractors indicted by the Justice Department in the deadly shootings of 17
Iraqi civilians last year. The Associated Press on
Saturday reported that the indictments for Liberty and four other men, all
highly decorated U.S. troops, were likely to be made public Monday. The shootings strained
U.S.-Iraq relations and prompted a congressional investigation of Blackwater. The five men are expected to
surrender to the FBI on Monday. A sixth man, whose name was
not released, is expected to plead guilty to lesser charges in exchange for
testifying against his former colleagues. The Sept. 16 incident
occurred in Baghdad's Nisoor Square, when a four-vehicle Blackwater convoy
was escorting U.S. State Department officials. Iraqi witnesses said the
shootings were unprovoked; Blackwater said its men were responding to an
ambush. Some of the dead included children. While Iraqis celebrated the
announcement, defense lawyers for the men said the case has damaged their
reputations. In addition to Liberty, the
other four men - Donald Ball, of West Valley City, Utah; Dustin Heard, of
Knoxville, Tenn.; Nick Slatten, of Sparta, Tenn.; and Paul Slough, of Keller,
Texas - all served in Iraq and have been awarded a combined 39 commendations
for their military service. Liberty served in security
detachments for the U.S. embassies in Egypt and Guatemala. Those who knew the
26-year-old were shocked by news of the indictments. "He was a good
person," said Kelly Libby, who went to high school with Liberty and
whose brother served with him in Iraq. "He's not a trouble maker." She said Liberty signed up
for the Marines out of a sense of commitment to his country. "There are certain
people who go out and do that," she said. A gifted athlete who golfed,
ran cross-country, and played basketball, Liberty came from a respected
family, according to Don Yeaton, president of the Rochester Runners Club.
Liberty's mother, Debra, had been treasurer of the club, and her son would
come to meetings always with a basketball at his side, Yeaton said. "He was a very nice
kid," he said. Nobody came to the door of
the Liberty family residence in Rochester Saturday night. The home was lit
with Christmas lights in the windows, and a miniature American flag stuck out
of the mailbox. A phone message left at the home went unreturned. Ali al-Dabbagh, an Iraqi
government spokesman, said Baghdad welcomed any attempt to "hold the
criminals accountable for their crime." Iraqis said Saturday they
look forward to the trial. "I think it is a move
in the right direction to make the security company employees realize that
they are no longer above the law and they should stop behaving like cowboys
on the streets of Baghdad," said Mohammed Latif, 52, a retired police officer. He said he hoped the
indictments were not just "an act of propaganda." A court trial would present
numerous legal quandaries, such as whether U.S. law permits civilian
contractors to be charged in the U.S. for crimes committed overseas. Justice
Department prosecutors must convince a judge that the guards can be charged
under a law targeting soldiers and military contractors - even though
Blackwater works for the State Department. Other potential issues
include whether a U.S. drug law intended to crack down on assault weapons
will be used to seek extended jail sentences. The five men are expected to
be charged with assault or manslaughter under a provision in the 1988
Anti-Drug Abuse Act that requires 30-year prison terms for using machine guns
to commit violent crimes, whether drug-related or not. Prosecutors also must prove
they did not rely on protected statements the guards gave to State Department
investigators within hours of the shooting. The State Department gave limited
immunity to all the guards in the four-car Blackwater convoy, promising not
to prosecute them based on the initial statements recounting how the violence
began. Legal complications
resulting from the immunity agreements delayed the FBI investigation for more
than two weeks after the shootings. The Justice Department has
relied on witnesses to the shootings and relatives of the civilian victims in
trying to persuade the grand jury to indict. Several Blackwater guards who
were in the convoy were ordered to testify against their colleagues. U.S. human rights advocates
have criticized the Justice Department for waiting 14 months to bring
charges. Deborah Colson, interim
director of Human Rights First's Law and Security program, said the delay was
"a significant contributing factor to fostering a culture of impunity
that threatens the safety of Iraqi and Afghan civilians, American military
personnel and the contractors themselves." "Contractors perform
necessary and often courageous service, but letting even a few act with
impunity stains our reputation and undermines the credibility of our
efforts," Colson said in a statement. The Associated Press
contributed to this report External link: http://www.fosters.com/apps/pbcs.dll/article?AID=/20081207/GJNEWS_01/712069988/0/FOSNEWS |