Posted in Haditha on 3 September 2007 | 1 Comment »
During the first day of testimony, the prosecution called LCpl Humberto Mendoza to the witness stand. LCpl Mendoza testified that he never saw SSgt Wuterich kill any Iraqis inside either of the two home, that 19 November 2005, in the town of Haditha, Iraq. LCpl Mendoza finished his testimony by stating “I think he’s [...]
Posted in Haditha, Law, Military Law on 31 August 2007 | No Comments »
After having his Article 32 investigation reopened, two additional charges for dereliction of duty have been add against Lieutenant Colonel Jeffrey Chessani. LtCol Chessani was the battalion commander of the Marines involved in the killing of 24 Iraqi civilians in Hadita, Iraq.
The Investigating Officer, Col Conlin, in LtCol Chessani’s case had originally recommended three charges [...]
Posted in Haditha, Iraq, Law, Military Justice, Military Law on 27 August 2007 | No Comments »
The Article 32 investigation for Sgt Frank Wuterich, USMC, is set to begin on 30AUG07 aboard Camp Pendleton. LtCol Ware will be the investigating officer. LtCol Ware was the investigating officer for LCpl Stephen B. Tatum and and LCpl Justin L. Sharratt, in both cases he recommended no charges.
Sgt Wuterich’s lawyer, Neal Puckett, a retired [...]
Posted in Criminal Law, Haditha, International, Iraq, Law, Military Justice, Military Law on 15 August 2007 | No Comments »
The Staff Judge Advocate, SJA, - the senior legal adviser, roughly equivalent to in-house counsel for a business - for LtGen Mattis removed himself form the case of LCpl Tatum. The SJA, LtCol Bill Riggs, contacted LtCol Ware and criticized him for holding the government to too high of a standard [...]
Posted in Haditha on 10 August 2007 | No Comments »
In a very pleasing announcement, there will be no criminal charges brought against Capt Randy Stone and LCpl Justin Sharratt. LtGen Mattis announced his decision on 9AUG07. For more on Haditha click here.
yojoe out
Posted in Criminal Law, Haditha, Iraq, Military Justice, Military Law on 7 August 2007 | No Comments »
The Article 32 investigation into the actions of LtCol Chessani will be reopened on 8AUG07. The purpose of the hearing is to conduct further examination of evidence submitted during the original investigation in May 2007. The prosecutors recommended, to LtGen Mattis, that two additional charges of dereliction of duty [...]
Posted in Haditha, Iraq, Law, Military Law, Tech on 31 July 2007 | No Comments »
Wired is reporting on the use of a live two-way video stream during testimony in the Article 32 investigations of Marines charged with murder in Haditha, Iraq. Wired does a good job of explaining the technology, but falls a bit short on the law. The hearings held for the Marines are all Article 32 investigations [...]
Posted in Criminal Law, Haditha, International, Iraq, Military Justice, Military Law on 26 July 2007 | No Comments »
In the final day of the Article 32 investigation into LCpl Tatum’s role in the action in Haditha, Iraq, both the prosecution and defense gave their respective summations of the case. The defense emphasized that,
You can’t sit back in an air-conditioned room at Camp Pendleton and second-guess these men. It’s [...]
Posted in Criminal Law, Haditha, International, Iraq, Law, Military Justice, Military Law on 25 July 2007 | No Comments »
LCpl Tatum testified that he did not “know that there was women and children in that house until later . . . otherwise, I would have physically stopped everyone in that room from shooting.” This testimony came during his unsworn statement during an Article 32 investigation in his actions in [...]
Posted in Criminal Law, Haditha, International, Iraq, Law, Military Justice, Military Law on 21 July 2007 | No Comments »
As the investigation moved into its fifth day Special Agent Micheal Maloney, of NCIS, was called as a witness by the prosecution. SA Maloney testified that 17 bullets had been fired by the Marines that day at Haditha, Iraq. The women were killed first and the children were shot [...]
Posted in Criminal Law, Haditha, Iraq, Law, Military Justice, Military Law on 20 July 2007 | 1 Comment »
As the investigation into Marine LCpl Tatum and his role in the killings at Haditha, Iraq, the testimony turned to the forensics. Lt.Col. Elizabeth Rouse, USAF, a forensic pathologist and medical examiner, testified that she was not able to view the bodies, and she was only able to look at photographs. The photographs were taken [...]
Posted in Haditha, Iraq, Law, Military Justice on 19 July 2007 | No Comments »
As the investigation into LCpl Tatum’s actions at Haditha continued, agents of NCIS were called as witnesses. NCIS Special Agent Matthew Marshall testified about his interrogation of LCpl Tatum, stating that LCpl Tatum was remorseful when he explained that he had identified targets as women and children. At that [...]
Posted in Haditha, Iraq, Military Justice, Military Law on 18 July 2007 | No Comments »
On 17 July 2007, the Article 32 Investigation of LCpl Tatum entered its second day. LCpl Humberto Mendoza, a fellow memeber of 3/1, testified aginst LCpl Tatum. LCpl Mendoza recounted how he told LCpl Tatum that there were only women and childern in the room and later retuned to [...]
Posted in Haditha on 17 July 2007 | No Comments »
This is a copy of LtCol Ware’s report into charges against LCpl Sharratt. Here is an excerpt:
Finally, to believe the government version of facts is to disregard clear and convincing evidence to the contrary and sets a dangerous precedent that, in my opinion, may encourage others [...]
Posted in Haditha on 17 July 2007 | No Comments »
16Jul07 is day one of LCpl Tatum’s Article 32 investigation. Given the success that Cpl Sharratt had with LtCol Ware as his Article 32 investigator, it appears that LCpl Tatum’s lawyers are using a similar tactic:
Use of deadly force was the proper response
LCpl Tatum was following the orders of his [...]
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