Hearing officer challenges Haditha prosecution

By: MARK WALKER - Staff Writer | Friday, June 15, 2007 11:58 PM PDT

Lance Cpl. Justin I. Sharratt
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CAMP PENDLETON ---- The officer in charge of a military hearing expressed serious doubts Friday about the government's prosecution of Lance Cpl. Justin Sharratt, one of three Marines charged in the November 2005 shooting deaths of Iraqi civilians in the city of Haditha.

Lt. Col. Paul Ware, who will recommend whether to send Sharratt to trial, challenged the prosecution, saying the government's theory of the case do not warrant the three counts of unpremeditated murder filed against Sharratt in December.

"The account you want me to believe does not support unpremeditated murder," Ware told the lead prosecutor, Maj. Daren Erickson. "Your theories don't match the reason you say we should go to trial."

Ware's comments came as the government and defense presented him with summations of the case on the fifth and final day of a hearing that will determine if the 22-year-old rifleman from Camp Pendleton's 3rd Battalion, 1st Marine Regiment will be ordered to stand trial.

Sharratt is accused of the civilian equivalent of second-degree murder for shooting three Iraqi brothers inside a home. A fourth man was shot by Staff Sgt. Frank Wuterich, who also faces murder charges.

Ware also suggested he is inclined to believe Sharratt, who maintains the first two men he shot were pointing AK-47 rifles at him, and that the killings were carried out in self-defense.

"To me it seems the most important issue is whether the Marines perceived a hostile threat," Ware said. "It comes down to credibility to determine if this case should go to trial."

Prosecutors filed charges against Sharratt based on interviews with relatives of the slain men, who contended they did not have any weapons and were herded into the room and shot in rapid succession.

In a statement he read to Ware on Thursday, Sharratt said that story is false and that the killings stemmed from his belief his life was in danger.

"I would not change any of the decisions I made that afternoon," Sharratt said.

Prosecutors agreed Friday that the case centers solely on the competing versions of events. The discrepancy among accounts is enough to warrant the case going to trial, Erickson told Ware.

"The seminal issue in this case is did the Iraqis have AK-47s?" Erickson said. "The issues in this case are best resolved before a trier of fact."

Ware seemed disinclined to order a trial, however, questioning whether any Iraqis would be willing to come to the U.S. to testify at trial if one is ordered.

Even so, Ware said forensic evidence presented by agents from the Naval Criminal Investigative Service who found multiple bullet holes in the walls and curtains of the room does not suggest execution-style killings.

"What the evidence points to is that the version of the Iraqis isn't really supported," Ware said.

Defense attorney James Culp centered his summation, which is similar to a closing argument, on the forensic evidence, saying it fully supports Sharratt's account. The Marine told Ware on Thursday that he emptied his 9mm pistol in the process of shooting the three men. When his clip was emptied, Wuterich followed into the room, shooting a fourth man with his M-16 rifle.

"The most important element is the forensics," Culp said. "The evidence completely corroborates Lance Cpl. Sharratt's story."

Culp also suggested that the prosecution of his client is colored by politics surrounding the civilian deaths in Haditha, which generated worldwide condemnation when first reported by Time magazine in March 2006. Until then, the Marine Corps maintained the civilians died when caught up in a bombing and in crossfire from a small-arms attack on the troops.

"This is a new kind of war, and this case is a result of the new kind of warfare," Culp said, referring to insurgents who do not wear uniforms and mix within the civilian population. "There's also politics involved here, and the politics of the war is tearing at this nation."

The 24 civilians who died that day included several women and children, and 19 of the slain people were killed inside their homes. The killings took place as the Marines searched a series of homes for insurgents after a roadside bomb destroyed a Humvee, killing a lance corporal and injuring two other Marines.

Sharratt is accused of killing the men in the last house the Marines assaulted that day. Fifteen others died inside three homes stormed by Wuterich and Marines other than Sharratt. Five unarmed men in a car that drove up moments after the bombing were the first to die.

Culp suggested Sharratt was unfairly lumped into the cases involving the other civilian deaths.

"He charged into that room at great risk to his own safety and killed those men before they killed him. He deserves a medal," the attorney said.

Ware said he will issue his recommendation about whether to send Sharratt to trial to Lt. Gen. James Mattis by July 1. Mattis is in charge of the case as head of Marine forces in the Middle East. Under the Uniform Code of Military Justice, the general can accept or reject the hearing officer's recommendation.

Wuterich, who is charged with 13 counts of murder and who attended most of Sharratt's hearing, is scheduled to go before a hearing officer in August.

The other accused shooter, Lance Cpl. Stephen Tatum, is scheduled to go before a hearing officer starting July 9.

A fourth Marine prosecutors charged with murder, Sgt. Sanick Dela Cruz, had charges against him dropped in exchange for his testimony in the case against Wuterich.

Four officers from the battalion were charged with dereliction of duty for failing to order an investigation into the civilian deaths. Hearings for two of those officers have taken place with no decision announced yet on whether they will be ordered to trial.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

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26 comment(s)[-]Go to Top

Bucky wrote on Jun 15, 2007 1:17 PM:It is impossible for anyone sitting in a room in San Diego to have any idea of what life is like in a battle zone, unless you’ve been there. These Marines are in danger of being killed 24 hours a day 7 days a week. Killed by people who look like civilians and purposely mingle with civilians. All charges should be dropped against these fine Marines. In war unfortunate things happen, it is wrong for brave Marines who are in harms way every moment of every day to be judged in this way. Drop the charges and return these Marines to duty with the thanks of a grateful nation.

Yes it is possible. wrote on Jun 15, 2007 2:51 PM:It is possible for us to imagine what it is like in a battle zone and that's just the same cop out for any atrocity we've heard for the last century. Return all the Marines home, they are dying (and killing) for nothing.

To: Yes it is possible wrote on Jun 15, 2007 5:51 PM:Trust me...as the mother of a Marine and several family members in the military...unless you have been there in it...YOU CAN NOT IMAGINE. Don't pretend you can, unless you have been there. You did not say.

AW4cryinoutloud wrote on Jun 15, 2007 7:57 PM:Oh My Goodness! I've been waiting for months for one hearing officer to acknowledge the fact that the Iraqi witnesses have no credibility . I can't even believe the prosecution would admit they charged Sharratt, or anyone, based on interviews with relatives of the deceased. How can any intelligent person stand there and admit that their case centered solely on "competing versions" of what happened? Erickson said the issues are best resolved before a trier of fact? Well; who the heck would that be? I thought NCIS was so thorough and had all their ducks in a row. They never had their ducks anyplace but "scattered". To ever bring charges against these men without any proof, and to go so far over the line as to accuse them of "execution-style" killings. My God; there just aren't words for that one, and I'm definitely a wordy person. I hope the hearing officers in all of these cases wise up to the horrible damage caused by TIME magazine and John Murtha. Murtha not only accused the Haditha Marines; he made similar accusations on an ABC interview about the accused in Hamadania...And look where they are; plea deals, one free, others almost free, one with a much too severe sentence of 8 years, and three who have been imprisoned for one year of their lives while our government allows them to be persecuted by the world and their own country. I guess they think we're too stupid to realize what's happening. Maybe some are. Most are NOT!

Peter wrote on Jun 15, 2007 8:47 PM:As a parent, why would you support a government that would send your child into battle to kill those that would kill them, only to charge them with murder for doing what was expected of them all because some liberal news writer spoke with a few people that said it was murder who most likly were involved in the killing of our Marines?

Mike wrote on Jun 15, 2007 10:51 PM:Funny how the unknowing seem to know so much. A combat zone and war are not imaginable without having spent time under such conditions. Service members fight to preserve the freedoms we embrace. Finally someone is speaking up to these speculative travesties that have damaged fighting service members and military institutions. I am proud to have served to help preserve the United States of America.

MorallyRight1 wrote on Jun 15, 2007 11:38 PM:Well, Well, Well, another surprize from out of no where. Apparently Lt. Col. Ware has not only integrity but brains. And, to preserve his pension is not his top priority, as it appears to be in other cases. He has approached this case since the onset with basic logic and common sense. Something that the NCIS and prosecution team don't know how to deal with. And, now it looks like they have failed. So, with that huge kudos to Lt.Col.Ware. And, my prayers and thoughts continue to be with the family of LCPL Sharatt. I must say that I was unaware that our government would waste monies on something so stupid and nonesensical as to prosecute based on an accusation from the family of the victim here. If that is in fact the truth.....who's bright idea, once again, was it to allow that. Because it would seem them they might as well open up the doors of all the military detainee prisons and let them all go, because then they all have cases. We have seen that these supposed 'witnesses' that claim such atrocities, refuse to even come forward from their secure-weapon backed homes to even testify. Refusing to even be deposed in the comfort of their familiar surroundings. Right there, refusing deposition should tell our nit-wit military legislatures that: oopps this little allowance, to appear magnanamous to the civilisn, was a huge boo-boo. Get real. Of course they are going to fabricate whatever need be, to get those U.S. bucks. I still would like to know who was originally responsible for coming up with a procedure wherein we reimburse, aka: reward, our enemies for damages incurred while in their country trying to free them from a terrorist dominated life of fear and pain. I mean, we are actually giving hard U.S. dollars to the same people we are there to obliterate? Good Lord, what is this politicians name and phone number???? Or maybe it should be what is this Major, General or whatnot's name and phone number? I would bet that under closer scrutiny we would find it is some foreign transplant sent here to create stuff just like this. Wouldn't surprize me one bit!!! Come on....get this government of ours to get their heads out of...uh...the sand!!!!

To Peter: wrote on Jun 16, 2007 8:29 AM:As a parent, I am proud as hell that my son made the choice to protect us! I will always be...whatever happens. I don't at all approve that our military and our spineless liberal gov't is slapping the face of our protectors and catering to the terrorists with all this prosectution. Our military on the ground needs our whole country to support them...PERIOD. Otherwise...we will not have a country and those terrorists will be here doing this in our backyards!

Not pretending wrote on Jun 16, 2007 10:07 AM:The only thing I can't imagine anybody would think the fear of being killed or maimed is beyond understanding. Dealing with fear, especially in the environment of the Iraq occupation, is the issue. It will remain the issue until we decide to cut our losses (3500+ lives, half a trillion dollars) and let the Iraqis decide their own fate.

A Mother wrote on Jun 16, 2007 12:48 PM:Re: comment at 10:07 - I don't think fear is the issue, but I kindof understand what you're saying. However, as a parent of an infantry Marine, I will say that our troops are trained that so that their training should kick in and fear takes a back seat to their training, response, and mission. I'm not saying there isn't fear, but fear itself is not the guiding force. If you were in the military, you might understand. Our military is made up of incredibly brave and committed young men and women, not fearful ones.

Gloria wrote on Jun 16, 2007 1:25 PM:When will the Marines be allowed to do what they are supposed to do and not be second-guessed and tried by the government on trumped-up charges?

OCEANSIDE GUY wrote on Jun 16, 2007 2:33 PM:We are Oceansiders and we're mighty proud of our Marines at Camp Pendleton and wherever they may be. The nasty details of these prosecutions (persecutions) are well known, but it still amazes us that this is happening. But could this be a tiny light at the end of a long, long tunnel? If nothing else it spotlights the absurdity of all these proceedings against those Marines. So the Corporal reacts to Iraqis pointing an AK-47 at him and blows a few away. That's "unpremeditated murder?" Absurd and ridiculous beyond the beyond. Let all these guys go for God sakes.

GOOD GOING wrote on Jun 16, 2007 2:41 PM:for Corporal Sharratt. Now let's right the wrongs done to the other Marines caught up in this ghastly mess. Some squeezed into plea "bargains", fabricated evidence thrown in their faces, rogue prosecutors and investigators. Walter Reed was and is a disgrace; the care of our sick and wounded is a disgrace; the granting of benefits is a slow and miserable bureaucratic nightmare; jailing accused Marines and discharging them without pay is more than a disgrace; failing to supply the right armor is a disgrace; and these outlandish prosecutions are just another horror visited on our brave Marines. Heaven help us.

Buckeye wrote on Jun 16, 2007 7:21 PM:I've been following this case as close as I can from afar, but how the NCIS agents conducted the investigation is appalling. Civilians in a combat zone is ridiculous, and to send a young lady only compounds the issue. When I heard NCIS was there I cringed and my skeptisim has been validated. What were they thinking about, or maybe the question should be do they care if accurate facts are reported. The Marine Corps has a highly trained investigative capability, why don't they use them. Give them them the authority to do combat related investigations. No one can possibly conceive combat unless you have been there, emotions, tunnel vision, heart rate, there is no comparison. I'm afraid our Marines have been done a grave injustice.

AW4cryinoutloud wrote on Jun 16, 2007 8:59 PM:To Buckeye: If you think this is bad, imagine one year of your life in the brig because their commander listened to Iraqi's and goodness knows who else, and called in NCIS who lived up to your skepticism. The same crap has happened to them...in Spades!

That's The Thing wrote on Jun 17, 2007 3:03 PM:That's the thing with all of you though. You sit back and support the same people in the Senate and House that are pushing for these men to be punished because it makes them look less "pro-war". Now the same people are trying to give the country that your children, husbands and wives are fighting for away. It's time to flood their call centers with a never ending stream of calls that say we will vote you out if you do not change your ways. Look at the infrastructure in this country and if you really want your eyes opened then download "Immigration by the Numbers". It's about a 15 minute video that will show you how we are going to lose this country if we don't demand our boarders secure.

AW4cryinoutloud wrote on Jun 17, 2007 3:36 PM:To That's The Thing: Yep, we should all be flooding the call centers and telling them to get their crap together and PROVE they really care about the troops. Especially the ones they've caused to be imprisoned, and the others unjustly accused. Pick a day. I'm Good To Go!

MorallyRight1 wrote on Jun 17, 2007 4:02 PM:To That's The Thing: Had you been following these proceedings from the beginning you would see that your statement is exactly opposite of what we, in general, are saying. How can a nation have a 'Politically correct war'? They cannot. And, agreed it is the jerks sitting in their huge offices that are making us the laughing stock of the world. And, I too have seen that video and it is a real eye opener. The military AND the legislature have to get into the New Millenium and out of the 50's mind set. Quit with the CYA and get down to business of protecting what is rightfully ours. Set these men, and the others free.

PaulRevere wrote on Jun 17, 2007 6:47 PM:Prosecute our defenders? Another example of a our society gone bonkers is the two Border Patrol agents now in prison for shooting a drug smuggler in the butt. Can you believe it? Arm yourselves; The liberals are coming, the liberals are coming.

AW4cryinoutloud wrote on Jun 17, 2007 8:52 PM:Yea! That's The Thing, Yea! MorallyRight1, Yea! Paul Revere! Let's Ride! Sorry; I got carried away.

pathetic wrote on Jun 17, 2007 11:59 PM:What an atrocity. Release these patriots. God Bless our troops.

NeilB wrote on Jun 18, 2007 8:58 AM:Remember the Mertha! The out and out Lier from Congress that Proclaimed these Marines murderers! Jack Mertha lied about the so called reports he claims to have read! Those reports weren't issues until a week later! He got information from a reporter that got it from the enemy! Mertha from the ABSCAM!

starman wrote on Jun 18, 2007 9:13 AM:these marines should be let go, ... we would have gotten this war over with quicker using only half the force we have in there now if they let our troops do their job in the first place. this country is ran by a bunch of idiots

George M. wrote on Jun 18, 2007 10:21 AM:The American military won the war in Iraq and the politicians lost the peace. The marines are fighting an unknown enemy and are expected to act like police officers on the beat. Not one marine should be charged with any crime and they all deserve medals for what they are experiencing. The president should give pardons to all Americans who have been charged.

Gary wrote on Jun 18, 2007 10:24 AM:It has gotten to the point that I feel like I am in the Twilight Zone. I WANT MY COUNTRY BACK. No one belongs in a war zone but soldiers, there is a reason for that. And if people do not like it, they should find another country. Remember, soldiers fight for your right to leave the country. Soldiers also fight to give liberals the right to be stupid.

George wrote on Jun 18, 2007 10:24 AM:The American military won the war in Iraq but the politicians lost the peace. the president should pardon every American accused of killing the enemy. The conduct of the brass is a disgrace.

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