The investigating officer, Maj McCann, in Capt Stone’s Article 32 investigation made his recommendations, which, interestingly, recommended no criminal charges and further recommended resolving the case administratively. Capt Stone was the military lawyer for 3/1 at Haditha. The investigation was into possible charges of dereliction of duty for not reporting the killing of civilians at Haditha. Maj McCann recommended no criminal charges, and added the following:
Other information presented during the hearing indicated the accused was selectively singled out for prosecution . . . Despite significantly more experience and access to the same information, officers senior to the accused have not been charged. Each of these officers is under the same duty as the accused to report law of war violations . . .
At a previous hearing the chief of staff for the commanding general of 2nd Marine Division, Col R. G. Sokoloski, invoked his 5th Amendment privilege and refused to testify. Col Sokoloski is a Marine Judge Advocate. The commanding general, MajGen Huck, testified that he was “pretty irritated” at Col Sokoloski for not making him aware of request from Time Magazine about the deaths at Haditha.
It does not appear that Maj McCann named any individuals in his report. This report may spark a new round of charges and investigations. We will have to wait and see.