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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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February 21st,
2008 - More Problems Surfacing in Haditha Trials |
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More Problems Surfacing
in Haditha Trials Marines balking at orders to testify against men they served with,
prosecutor says By Mark Walker North County Times February 21, 2008 Camp Pendleton - Prosecutors
continue to encounter problems in the prosecution of a group of Camp
Pendleton Marines charged in the 2005 slaying of 24 Iraqi civilians in the
city of Haditha. During two court hearings
Wednesday, defense attorneys challenged the validity of the charges and a
prosecutor said that some Marines ordered to testify against the defendants
are not cooperating. The prosecutor, Capt.
Nicholas Gannon, told a military judge that several of those Marines are
angry at the order compelling their appearance. "They are grudging
witnesses," Gannon said. "There are a lot of inconsistencies in
their testimony." Gannon's comment came during
a hearing for Staff Sgt. Frank Wuterich, who faces nine counts of involuntary
manslaughter and related charges when his case goes to court-martial on March
3. His attorneys are in court
this week arguing several motions, including two that seek to have the
charges dismissed. Wuterich faces nine counts
of involuntary manslaughter and related charges. One of the men ordered to
testify against Wuterich is Lance Cpl. Stephen Tatum, who is charged with two
counts of involuntary manslaughter for the deaths of two children and faces
his own court-martial beginning March 28. Gannon told the military
judge, Lt. Col. Jeffrey Meeks, that repeated attempts to interview Tatum
since he was ordered to cooperate with the prosecution have been
unsuccessful. In a sign of further court
battles ahead, Wuterich's lead attorney, Neal Puckett, told Meeks that Tatum
may not testify at all, prompting the judge the question whether Tatum may be
charged with failure to follow an order requiring his testimony. Meeks issued one ruling
favoring the defense Wednesday, saying he would limit the use of graphic
photos of the slain Iraqis. On Friday, Wuterich's
defense attorneys are due in court again to argue, along with a lawyer from
the CBS network, that outtakes of a "60 Minutes" interview with
Wuterich broadcast last year should not be turned over to the government. The
prosecution has subpoenaed the network for those tapes. Wuterich and some attorneys
in the case were absent from court on Wednesday. The defense attorneys who
were present would say only that his absence was authorized by the judge.
They and military prosecutors refused to confirm whether Wuterich and the
other attorneys were in Iraq pursuing witness testimony. In previous court hearings,
attorneys have argued that such a trip was necessary because Iraqi survivors
of the Haditha confrontation refuse to come to the U.S. to testify but would
speak to investigators if they came to them. In a nearby courtroom,
attorneys for Lt. Col. Jeffrey Chessani also battled with prosecutors on a
series of motions in advance of his April 28 court-martial. Chessani was the
battalion commander at Haditha and faces court-martial on charges of
dereliction of duty and failing to accurately report and thoroughly
investigate a possible war crime. His attorneys are expected
to ask their judge today to compel U.S. Rep. John Murtha, D-Pa., to answer
their questions about who briefed him about the Haditha incident. Murtha created a firestorm
when he appeared on several TV news shows shortly after the Haditha incident
came to light in early 2006 and said the Marines had gone on a rampage and
"killed innocent civilians in cold blood." On Wednesday, Chessani's
attorneys also asked the judge, Col. Steven Folsom, to dismiss the charges,
saying he has been targeted unfairly. Chessani reported the civilian deaths
to higher-ups who determined no investigation was necessary, attorney Robert
Muse said. "Everyone throughout
the chain of command knew what happened, yet Colonel Chessani is the only one
being prosecuted," Muse said. Eight Marines were charged
in the wake of the Nov. 19, 2005, civilian deaths that came after a roadside
bombing destroyed one of four Humvees in a resupply convoy, killing one
Marine and injuring two others. Charges have since been dropped against four,
leaving Wuterich and Tatum facing trial for the deaths and Chessani and 1st
Lt. Andrew Grayson facing trial for alleged reporting failures in the
aftermath. Wuterich led the convoy
squad and directed the Marines in an assault of nearby homes that led to 19
of the Iraqi deaths, including several women and children. Five men who
emerged from a car moments after the bombing also were killed. External link: http://www.nctimes.com/articles/2008/02/21/military/1_25_132_20_08.txt |