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#575946 --- 05/12/07 09:27 AM Charges against Haditha Marines
Retired Soldier Offline
Silver Member

Registered: 12/23/05
Posts: 12945
Loc: Rochester, NY
Haditha, Iraq Investigation

Preferred Charges and Specifications

Lieutenant Colonel Jeffrey R. Chessani

Charge: Violation of the UCMJ, Article 92

Specification 1 (Violation of a lawful order): wrongfully failed to accurately report and thoroughly investigate a possible, suspected, or alleged violation of the law of war by Marines under his command. (Maximum punishment dismissal, forfeiture of all pay and allowances, and confinement for 2 years)

Specification 2 (Dereliction): willfully failed to ensure that this possible, suspected, or alleged violation of the law of war was accurately reported to higher headquarters. (Maximum punishment: Dismissal, forfeiture of all pay and allowances, and confinement for 6 months)

Specification 3 (Dereliction): willfully failed to direct a thorough investigation into this possible, suspected, or alleged violation of the law of war. (Maximum punishment: Dismissal, forfeiture of all pay and allowances, and confinement for 6 months)


Sergeant Sanick P. Dela Cruz

Charge I: Violation of the UCMJ, Article 118 (Unpremeditated murder) (Maximum punishment: such punishment other than death as a court-martial may direct. [Dishonorable discharge, forfeiture of all pay and allowances, confinement for life])

Specification 1: did murder Ahmed Khutar Musleh, also known as Ahmed Fenr Muselh.

Specification 2: did murder Wagdi Aida Alzawi, also known as Wgedi Aida Abd.

Specification 3: did murder Kaled Aida Alzawi, also known as Kaled Aida Abd.

Specification 4: did murder Mohmed Tabal Ahmed, also known as Mohmed Betel Ahmed.

Specification 5: did murder Akram Hamid Flaeh, also known as Akram Hmid Fluih.



Charge II: Violation of the UCMJ, Article 107 (False Official Statement) (Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years)

Specification: did with the intent to deceive, make to a false official statement.


First Lieutenant Andrew A. Grayson

Charge I: Violation of the UCMJ, Article 92 (Dereliction) (Maximum punishment: Dismissal, forfeiture of all pay and allowances, and confinement for 6 months)

Specification 1: willfully failed to ensure that this possible, suspected, or alleged violation of the law of war was accurately reported to higher headquarters.

Specification 2: willfully failed to ensure that a thorough investigation was initiated into this possible, suspected, or alleged violation of the law of war.



Charge II: Violation of the UCMJ, Article 107 (False Official Statement) (Maximum punishment: Dismissal, forfeiture of all pay and allowances, and confinement for 5 years)

Specification: did with intent to deceive, make a false official statement.



Charge III: Violation of the UCMJ, Article 134 (Obstructing Justice) (Maximum punishment: Dismissal, forfeiture of all pay and allowances, confinement for 5 years)

Specification: did wrongfully endeavor to impede an investigation.

Captain Lucas M. McConnell

Charge: Violation of the UCMJ, Article 92 (Dereliction) (Maximum punishment: Dismissal, forfeiture of all pay and allowances, and confinement for 6 months)

Specification 1: willfully failed to ensure that this possible, suspected, or alleged violation of the law of war was accurately reported to higher headquarters.

Specification 2: willfully failed to ensure that a thorough investigation was initiated into this possible, suspected, or alleged violation of the law of war.


Lance Corporal Justin L. Sharratt

Charge I: Violation of the UCMJ, Article 118 (Unpremeditated murder) (Maximum punishment: such punishment other than death as a court-martial may direct. [Dishonorable discharge, forfeiture of all pay and allowances, confinement for life])

Specification 1: did murder Jasib Aiad Ahmed.

Specification 2: did murder Kahtan Aiad Ahmed.

Specification 3: did murder Jamal Aiad Ahmed.

Captain Randy W. Stone

Charge: Violation of the UCMJ, Article 92

Specification 1(Violation of a lawful order): wrongfully failed to ensure accurate reporting and a thorough investigation into a possible, suspected, or alleged violation of the law of war by Marines from his Battalion. (Maximum punishment dismissal, forfeiture of all pay and allowances, and confinement for 2 years)

Specification 2 (Dereliction): negligently failed to ensure that this possible, suspected, or alleged violation of the law of war was accurately reported to higher headquarters.

Specification 3 (Dereliction): negligently failed to ensure that a thorough investigation was initiated into this possible, suspected, or alleged violation of the law of war. (Maximum punishment: [willful] Dismissal, forfeiture of all pay and allowances, and confinement for 6 months [through neglect or culpable inefficiency] Dismissal, forfeiture of two-thirds pay per month for 3 months, and confinement for 3 months)


Lance Corporal Stephen B. Tatum

Charge I: Violation of the UCMJ, Article 118 (Unpremeditated murder) (Maximum punishment: such punishment other than death as a court-martial may direct. [Dishonorable discharge, forfeiture of all pay and allowances, confinement for life])

Specification 1: did murder Noor Salim Rasif.

Specification 2: did murder Zainab Unes Salim.



Charge II: Violation of the UCMJ, Article 134 (Negligent Homicide) (Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, confinement for 3 years)

Specification 1: did unlawfully kill Abdul Hameed Husin Ali.

Specification 2: did unlawfully kill Guhid Abdalhamid Hasan.

Specification 3: did unlawfully kill Asmaa Salman Rasif, also known as Asamaa Salman Rasif.

Specification 4: did unlawfully kill Abdullah Waleed Abdul Hameed, also known as Abdullah Waleed Abdul.



Charge III: Violation of the UCMJ, Article 128 (Assault) (Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years)

Specification: did commit an assault upon Eman Waleed Al Hameed and Abid Al Rahman Waleed Al Hameed.



Staff Sergeant Frank D. Wuterich
Charge I: Violation of the UCMJ, Article 118 (Unpremeditated murder) (Maximum punishment: such punishment other than death as a court-martial may direct. [Dishonorable discharge, forfeiture of all pay and allowances, confinement for life])

Specification 1: did murder Ahmed Khutar Musleh, also known as Ahmed Fenr Muselh.

Specification 2: did murder Wagdi Aida Alzawi, also known as Wgedi Aida Abd.

Specification 3: did murder Kaled Aida Alzawi, also known as Kaled Aida Abd.

Specification 4: did murder Mohmed Tabal Ahmed, also known as Mohmed Betel Ahmed.

Specification 5: did murder Akram Hamid Flaeh, also known as Akram Hmid Fluih.

Specification 6: did murder Huda Yasin Ahmed.

Specification 7: did murder Aida Yasin Ahmed.

Specification 8: did murder Mohmed Yunis Salim.

Specification 9: did murder Aisha Unes Salim.

Specification 10: did murder Sebea Yunis Salim.

Specification 11: did murder Zainab Unes Salim.

Specification 12: did murder Marwan Aiad Ahmed.

Specification 13: did murder six persons inside a house identified as House 1, by disregarding the requirement to have positive identification prior to engaging a target; and participating in clearing House 1 with deadly force without conducting positive identification prior to engaging individuals in House 1.



Charge II: Violation of the UCMJ, Article 134 (Soliciting Another to commit an offense) (Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years)

Specification 1: did wrongfully solicit Corporal Dela Cruz to make a false official statement.

Specification 2: did wrongfully solicit Corporal Dela Cruz to make a false official statement.



Charge III: Violation of the UCMJ, Article 107 (False official statement) (Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years)

Specification: did with intent to deceive, make a false official statement.

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#576008 --- 05/12/07 01:16 PM Re: Charges against Haditha Marines [Re: Retired Soldier]
Al Kida Offline
Senior Member

Registered: 11/14/06
Posts: 3102


Yes. I heard O. J. Simpson was charged with murder also!!!
_________________________


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#576045 --- 05/12/07 04:36 PM Re: Charges against Haditha Marines [Re: Al Kida]
VM Smith Offline
Diamond Member

Registered: 11/29/05
Posts: 38160
Loc: Ship of Fools
Hey, quit insulting the Marines! I'm certain that they're more competent than Lance Ito and Marcia Clark.
_________________________
If you vote for government, you have no right to complain about what government does.

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#576267 --- 05/13/07 11:52 AM Re: Charges against Haditha Marines [Re: VM Smith]
Retired Soldier Offline
Silver Member

Registered: 12/23/05
Posts: 12945
Loc: Rochester, NY
Unfortunately, the Marines are still locked in 2003. Their six month tours and training have not allowed them to accept the new paradigm that "sometimes no force is better than some" and that the war now is for the hearts and minds of the Iraqis.

The problem extends up to Division level as this quote from a former military judge and prosecutor says, "Lt. Col. Kent Keith, a judge advocate for the 2nd Marine Division, testified that if civilians are caught in the crossfire it is not common practice to investigate those deaths.

Viewed collectively, testimony from the Marines that they did not see the deaths of women and children as possibly needing investigation reveals a callous and jaded response to civilian deaths, said Gary Solis, a former Marine Corps prosecutor and judge who teaches law of war at Georgetown University Law Center.


"The fact we have repeatedly heard senior officers say it wasn't a blip on their radar tells us a lot about the war in Iraq and the unfortunate mind-set that has developed," Solis said. "That this number of noncombatants can be killed and not raise an eyebrow speaks volumes about our war."


"

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#576378 --- 05/13/07 09:39 PM Re: Charges against Haditha Marines [Re: Retired Soldier]
Al Kida Offline
Senior Member

Registered: 11/14/06
Posts: 3102
Originally Posted By: Retired Soldier
"That this number of noncombatants can be killed and not raise an eyebrow speaks volumes about our war."



Mr. Retired Soldier is again correct. The current ratio is 12 Iraqi civilians to the 140,000 killed in Hiroshima. And at that ratio, you need to raise only one eyebrow for 74,000 killed in Nagasaki.
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#576434 --- 05/14/07 01:57 AM Re: Charges against Haditha Marines [Re: Al Kida]
Retired Soldier Offline
Silver Member

Registered: 12/23/05
Posts: 12945
Loc: Rochester, NY
Photos seem to contradict Marine version of Haditha killings
By Jamie McIntyre
CNN


WASHINGTON (CNN) -- Pentagon sources say some of the most incriminating evidence against Marines under investigation in the deaths of civilians at Haditha is a set of photographs taken by another group of Marines who came along afterward and helped clean up the scene.

CNN is the first news organization to examine those images. They were snapped before an aspiring Iraq journalist videotaped the aftermath of the November 19 deaths. That video convinced Time magazine to pursue the story earlier this year.

Pentagon sources say the 30 images of men, women and children are some of the strongest evidence that, in some cases, the victims were shot inside their homes and at close range -- not killed by shrapnel from a roadside bomb or by stray bullets from a distant firefight, as Marines had claimed. (Watch what the new images show about the civilian deaths -- 2:51)

Senior Pentagon officials have said a probe into the November deaths tends to support allegations that Marines carried out an unprovoked massacre after one of their comrades was killed by a roadside bomb. The military is investigating both the deaths and a possible cover-up.

The Marines originally reported that Lance Cpl. Miguel Terrazas and 15 Iraqi civilians were killed by a roadside bomb in Haditha, a town on the Euphrates River in northwestern Iraq that was the scene of heavy fighting in 2005. They later added that eight insurgents were killed in an ensuing gun battle.

The Marine photographs are evidence in a criminal probe, and only investigators and a few very senior officials have access to them.

"I have seen the photographs, but they are part of the investigation and I'm not going to talk about those photographs," Marine commandant Gen. Michael Hagee told reporters Wednesday.

But a source allowed CNN to examine copies of the photographs, which a military official said match in both number and description the pictures in the possession of investigators.

The source would not allow CNN to have copies of the images out of concern over personal repercussions.

There are images of 24 bodies, each marked with red numbers. Some of numbers are written on foreheads, others on the victim's backs. A senior military official told CNN that in some cases the numbers may denote the location of bullet wounds.

Among the images:


A woman and child leaning against the wall, heads slumped forward.


Another woman and child shot in bed.


A man sprawled face down with his legs behind him.


An elderly woman slumped over, her neck possibly snapped by the force of gunfire.

All of the victims were wearing casual attire. Some had been shot in the head. Some were face down, others face up.

The pictures appear to show the locations of the bodies in the houses before a Marine unit loaded them into a truck and brought them to a morgue.

Pentagon officials said there are no plans to release the gruesome images, even after the criminal investigation is complete.

The Haditha photos, like the images of detainee abuse at Abu Ghraib prison, would incite anti-American fervor and therefore constitute a threat to national security, they said.

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#576444 --- 05/14/07 02:19 AM Re: Charges against Haditha Marines [Re: Retired Soldier]
Al Kida Offline
Senior Member

Registered: 11/14/06
Posts: 3102
Originally Posted By: Retired Soldier

WASHINGTON (CNN) -- Pentagon sources say some of the most incriminating evidence against Marines under investigation in the deaths of civilians at Haditha is a set of photographs



Yes. They also prove the existence of the Lock Ness Monster!!!

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#576554 --- 05/14/07 02:06 PM Re: Charges against Haditha Marines [Re: Al Kida]
Retired Soldier Offline
Silver Member

Registered: 12/23/05
Posts: 12945
Loc: Rochester, NY
General's aide refuses to testify in Haditha hearings

By: MARK WALKER - Staff Writer

CAMP PENDLETON -- A Marine general's top aide is refusing to testify at a hearing that begins today to determine if an additional officer should stand trial for failing to fully investigate the killing of two dozen Iraqi civilians in Haditha.

The aide, Col. R. Gary Sokoloski, is invoking his 5th Amendment privilege that allows people to refuse to testify in court proceedings on the grounds that what they say could incriminate them.

Sokoloski is a lawyer who served as chief of staff for Maj. Gen. Richard Huck, who was in Iraq and in charge of Marine ground forces when the civilians were killed Nov. 19, 2005.

Charles Gittins, an attorney for Capt. Randy Stone, one of seven Camp Pendleton-based men charged with wrongdoing arising out of the Haditha killings, said he learned Monday that Sokoloski was refusing to testify.

It was Sokoloski who approved an initial news release about the killings that investigators subsequently said was "intentionally inaccurate" because it said the civilians had been killed by an insurgent bomb and not at the hands of the Marines.

Huck is expected to testify by videoconference on Wednesday from the Pentagon where he is now working in a planning position.

Another key witness in the case, Lt. William Kallop, will testify this morning during the first day of Stone's hearing. Kallop's testimony comes today because he is headed back to Iraq shortly.

Kallop is the officer who ordered a squad of Marines to assault a series of homes where 19 of the 24 people were killed. He was being deposed by attorneys for several of the defendants at the base Monday.

Kallop has been granted testimonial immunity, meaning anything he tells the attorneys cannot later be used to prosecute him for any crime. He is headed back to Iraq within a matter of days, although base officials could not immediately say when he will leave.

Kallop's deployment, as well as that of two or more other officers listed as witnesses in the Haditha case, is troublesome for some defense attorneys.

One of their concerns is that Kallop, who is considered a crucial witness for three enlisted defendants, may not be available to testify in person should those men be ordered to court-martial. The men are accused of homicide and could face life in prison if convicted.

"Live testimony and cross examination before a panel of military members could be a lot different than having someone testify by telephone," said Joseph Casas, a San Diego attorney assisting in the defense of 1st Lt. Andrew Grayson. "We want live testimony."

Another, more macabre, concern is how the cases could be affected if Kallop or any of the other witnesses were wounded or killed in Iraq.

A defense attorney who asked not to be named said that given the high-profile nature of the Haditha case and the seriousness of the charges, he believes all the witnesses should be kept close at hand.

"You would think these witnesses would be assigned to Camp Pendleton to assure their availability until all the cases are over," the attorney said. "The question is why is Lt. Gen. (James) Mattis allowing this handful to be deployed?"

Mattis is the convening authority over the case as head of Marine Corps forces in the Middle East.

Stone, along with Grayson, Capt. Lucas McConnell and Lt. Col. Jeffrey Chessani, is accused of dereliction of duty for allegedly failing to properly investigate the Haditha killings.

The enlisted men, Staff Sgt. Frank Wuterich and Lance Cpls. Stephen Tatum and Justin Sharratt, face homicide charges for the actual killings and the possibility of life in prison if convicted.

At issue for the enlisted men is whether they committed a war crime by violating the military's rules of engagement in the killing of the civilians after their convoy was attacked by a roadside bomb and small arms fire.

At issue for the officers is whether they willfully failed to ensure that an alleged violation of the law of war was fully investigated and accurately reported. All the defendants are from Camp Pendleton's 3rd Battalion, 1st Marine Regiment and each maintains they did nothing wrong.

Kallop's role in the incident came about as a member of a quick reaction force that responded to the bombing. After arriving and being told the Marines also were coming under small arms fire from a group of nearby homes, he reportedly gave Wuterich the go-ahead to storm the homes, according to a Naval Criminal Investigative Service account of the events.

Wuterich's lead attorney, Neal Puckett of Washington, D.C., said Monday that he was not as worried as some about Kallop's return to Iraq.

"I believe that if we go to trial before his scheduled rotation back to the U.S. that the Marine Corps will make sure he is available to testify in person," Puckett said. "I don't have any more concern for his safety than I do for any other Marine or soldier in Iraq."

Brian Rooney, an attorney for Chessani, said he knows of at least one other officer who has been granted immunity to testify who is now at sea as part of the 13th Marine Expeditionary Unit based at Camp Pendleton.

Based on past experience, it's widely assumed those Marines will wind up in Iraq.

"We requested that some be held back but if not that we at least be able to depose them before they left," Rooney said. "We are concerned, God forbid, that anything should happen to them."

But as a former Marine officer who also has served in Iraq, Rooney said he also completely understands why the witnesses are once again being placed in harm's way.

"We are fighting a war and we need these guys who have experience over there," Rooney said.

Stone's hearing is expected to last through Friday and will help determine whether the 34-year-old Maryland native is ordered to court-martial. Chessani's case is scheduled to start May 30.

Maj. Thomas McCann, the hearing officer assigned to Stone's case, is an assistant legal affairs officer at Miramar Marine Corps Air Station who recently returned from Iraq where he served as part of the staff for the 3rd Marine Aircraft Wing.

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