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Charges against Haditha defendant questioned
By: MARK WALKER - North County Times | ∞
CAMP PENDLETON - A military hearing officer said Saturday he has serious doubts over the validity of criminal charges filed against a Marine lieutenant in the aftermath of the slaying of 24 Iraqi civilians two years ago.
The hearing officer, Col. Robert Stahlman, said that if 1st Lt. Andrew Grayson was guilty of dereliction of duty for not ordering an investigation into the slayings, numerous other members of the 3rd Battalion, 1st Marine Regiment command staff should have been similarly charged.
"I would have expected everyone in that battalion would have been charged and obviously that didn't happen," Stahlman said.
The colonel's comments came at the close of a hearing at Camp Pendleton over the last week to help determine if Grayson, a 26-year-old intelligence specialist, should be ordered to face trial by military court-martial.
Stahlman presided over Grayson's Article 32 hearing, which concluded after four days of testimony and an unusual Saturday session. Article 32 hearings are akin to probable cause hearings in civilian courts.
The colonel also said he was anxious to see the prosecution's written arguments on the charge that Grayson lied to investigators.
"I think it is a stretch to charge that," Stahlman said.
He did not specifically address a third charge of obstruction of justice prosecutors filed against Grayson last December. That allegation contends Grayson's order to destroy photos of the slain Iraqis amounted to obstruction.
Grayson was the last of four 3rd Battalion officers who were charged with dereliction of duty at Haditha to have his case aired. Charges against two of the officers were later withdrawn. The battalion commander at Haditha, Lt. Col. Jeffrey Chessani, faces trial in April.
Grayson is the most junior of the officers accused of wrongdoing, and after Saturday's hearing and Stahlman's comments, his attorney Joseph Casas said he believes his client will be exonerated.
"Our position is that if this had not been Haditha and everything around it, he never would have been charged," Casas said. "Lieutenant Grayson got caught up in the whirlwind of Haditha."
Testimony during the hearing showed that Grayson had ordered the destruction of 70 photographs taken by a member of the intelligence team he led at Haditha. The order, however, was in keeping with a military policy that photographs deemed not to have any intelligence value be destroyed.
The man who took those photographs, Staff Sgt. Justin Laughner, testified Saturday that his company commander at Haditha, Capt. Lucas McConnell, also knew of the photographs but never ordered they be forwarded up the chain of command.
Testifying under a grant of immunity, Laughner acknowledged he had lied repeatedly to investigators about keeping copies of the photos on his personal computer. He said he did so because he believed they might one day be important.
"It was a sad day," Laughner said in reference to Nov. 19, 2005, later adding he believed the deaths were the result of a legitimate combat action. "It didn't really sink into me that it would become a law of armed conflict violation."
The man in charge of intelligence gathering for the 3rd Battalion at Haditha, Maj. Jeffrey Dinsmore, testified Saturday that he considered the photos "extraneous" and that Grayson and his team were responsible for developing intelligence leads and not probing civilian killings.
Prosecutors contend the photos alone provided sufficient evidence that a possible violation of the law of armed conflict had occurred and that a formal investigation should have been ordered. Grayson's knowledge of those photos and what they portray was sufficient evidence to support the dereliction charges, the prosecution contends.
The civilian killings came as Marines searched for the source of a roadside bomb attack that destroyed a Humvee and subsequent small-arms fire on the morning of Nov. 19, 2005.
The killings were initially ruled as the result of combat and did not become the subject of a formal investigation until three months later and after a Time magazine report suggested the deaths represented a massacre.
Four enlisted men involved in the killings were subsequently charged with murder. Two had charges dismissed, one has been ordered to trial and the squad leader of the men who carried out the killings, Staff Sgt. Frank Wuterich, is awaiting word on whether he will face trial.
Stahlman gave Grayson's attorneys and prosecutors until Nov. 28 to file written arguments. Neither side made closing arguments and Grayson did not testify.
Stahlman's recommendation on how Grayson's case should be resolved will go to Lt. Gen. Samuel Helland, who will ultimately make that decision in his role as commander of Marine Corps Forces, Central Command.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
Lee wrote on Nov 18, 2007 11:47 AM:The Whitewash started with 4 Star General Whitewash's dismissal or reduction of murder charges. That's how two dozen Iraqis are massacred. And yet you smack a Marine and dump one in a garbage can like that Drill Sgt. did and finally, a little accountability. But only for Marines. Not the lives of Iraqis.
AW4cryinoutloud wrote on Nov 18, 2007 12:17 PM:Testimony showed that the order to destroy photos "was in keeping with a military policy that photographs deemed not to have any intelligence value be destroyed." Well; Two years ago, and counting, wouldn't it have been nice for the media to report "that" part along with the negative, inflammatory statements that have the American public making decisions as to one's guilt or innocence based solely on those reports? And McGirk? He got his info from Iraqi stringers. He never left the Green Zone, but he had guts enough to Call and "question" and make unwarranted accusations, because he wasn't getting what he wanted from the military. McGirk's actions have helped no one but the enemy and has caused significant harm to our Marines. He gave NCIS the tools to "create" a crime where there was none. Send him back to Iraq and give him the honor of being the first to enter a firefight and do some up close and personal reporting. That's what I want to see. Where's Ernie Pyle when you need him? He'd laugh at and be disgusted by reporters like McGirk. (These are my opinions and not those of NCTimes) Just the opinions of one fed-up American who is sick and tired of watching decent, honorable men being persecuted by their own country. Stop this crap and let these Marines do what they were trained to do. Every single day it becomes more and more apparent why Chesty Puller said, "Take me to the Brig, I want to see the real Marines." If this persecution continues we'll have to bring the war to the Brig. 4cryinoutloud! When is this military going to start standing up for its own? Brass! Where's the Brass? And I don't mean officers or medals.
WW1 vet wrote on Nov 18, 2007 1:40 PM:Back in my day, we didn't kill civilians or prisoners. We fought the germans like hell but when the fighting was done, we stopped the carnage. My best friend Clem was blown to bits by a german handgrenade and twenty minutes later I captured the man who threw it at us. Did I kill him? Nope, just took him to the mp's (who were always to the rear). Yep, we need more old timey values in the military.
DESERT BUG wrote on Nov 18, 2007 2:05 PM:What a charade! What a 3-ring circus! These politically motivated prosecutions of perfectly innocent Marines are a disgrace and a travesty. A trumped up, distorted story about supposed misconduct and BANG the Washington bureaucrats and politicians run for cover, hurling reckless charges at Marines. Now we've had charge after charge either dismissed or diluted, the story above being just another late, late admission that groundless and baseless charges have been made.
AW4cryinoutloud wrote on Nov 18, 2007 2:12 PM:To WWI vet: Do you have the right war? Pick one and stick with it. How old RU?
DESERT BUG wrote on Nov 18, 2007 2:15 PM:to WW1 Vet. You're not a WW1 Vet. There are 4 WW1 veterans living in the United States and they range in age from 106 to 109. Gimme a break! Your preposterous story about your combat experience is just as phony as your claim to be a WW1 vet. To contrast your fictious service with any Marine's record in Iraq is a totally ridiculous thing.
WW1 vet... wrote on Nov 18, 2007 3:37 PM:To desSert bug. Listen here sonny boy, while you were still pooping yellow baby poop in your diapers I was retired and recounting my days at St. Mihiel with Clem and Zeke. Go listen to your new fangled rock and roll music and don't talk back to your elders.
Stryker Mom wrote on Nov 19, 2007 11:56 AM:My heart goes out to each of these young Marines and their families fighting for their futures. It is impossible to know how one would react when under direct fire from an enemy wearing civilian clothing. I do know this: we would never have won WWII with our fighting forces placed under such ridiculous restrictions. My father, who was a crew member on a B24 bomber in WWII, would have been considered a war criminal under today's standards. I thank God for all of those who put their lives on hold to go and fight this evil enemy. Unfortunately, when the enemy uses women and children as human shields, there will be civilian casualities. I feel for Lee and the one who signed himself as a WWI Vet (a near impossibility, by the way). How does anyone live in such a wonderful country and grow up to despise it so? Again, I am forever thankful for the heroes who keep us free. God bless America. God bless our troops.
Harvey wrote on Nov 23, 2007 5:45 PM:so mr leeeee, do you hate america? do you hate american soldiers/marines? in what service did you defend our country? i know the type. march for the enemy 1 mil strong in d.c. during my service in the army in phu bai. i don't know how these marines hold up after continuous returns to combat. my only nightmare from my service was - i was redrafted and sent to RVN again -. talk about stress. who will protect your butt from an enemy? war protesters, peace maggots? no i will stop ranting and go to sensitivity training. adios, ...
Jordana wrote on Nov 23, 2007 8:33 PM:To WW1 vet: I agree, you are no vet, you are a liar, in my opinion. side from the fact that there are only a few left (patriots at that), you obviously don't know much about WWI (not WW1). Typical lib, this is the same as MoveOnusing brit soldiers and Nancy Pelosi using pics of canadian soldiers as American soliders in ads and web sites. Many civilians died in WWI, much more in Iraq. Also in WWII. So, if you are going to pretend to be a WWI vet or any vet, get your story straight, sonny!
John F. wrote on Nov 24, 2007 6:26 AM:As A Father of three kids from 19 to 23, one of whom is considering enlisting I am torn between the honor of serving and the BS of these prosecutions. Innocent people die in war. If we fought past wars like this we would all be speaking German or Japanese. What the military should understand is that there are plenty of parents like me who are counseling their kids not to enlist.
Hans L. wrote on Nov 24, 2007 2:51 PM:As a soldier, if there is a bullet coming from one direction , I will annihilate the entire area were the bullet came from. An for the Iraqis, if there is a roadside bomb exploding near your house, your place will be gone, completely. With or you or without you inside, because eighter you dug the bomb in or you know who did it. And if you know your place and you will be blown to pieces after the bomb went off , I guess you will the first one shoot the [one] who try to dig a bomb in.
Bill K. wrote on Nov 24, 2007 4:15 PM:Welcome to the modern military, where you're expected to be shot first and ask questions later. Where the enemy purposely hides behind women and children so as to give us no choice but to kill them all or be killed and look bad - because the enemy knows the media will never report their cowardice that way. None of these men should have been charged with anything, and anyone criticizing how they do their jobs needs to go enlist and show us how they'd do it if they really feel so differently about it.
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