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Haditha Article 32: Capt. Randy W. Stone
Defend Our Marines ^ | May 4, 2007 | David Allender

Posted on 05/04/2007 3:52:05 PM PDT by RedRover

Hearing fact sheet

The accused: Capt. Stone was the staff legal officer for the 3rd Battalion, 1st Regiment when the incident occurred. Stone, who completed his officer training course in August 2003, was on his first tour in Iraq at the time of the Haditha incident. He is a 34-year-old Maryland native, currently assigned to legislative affairs duties. Capt. Stone is facing up to two years in prison and dismissal from the service if ordered to trial, convicted and sentenced to the maximum punishment.

Preferred Charges and Specifications:

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).

Investigating officer: Maj. Thomas McCann

Convening authority: Lt. Gen. James Mattis, commanding general for the 1st Marine Expeditionary Force and Marine Forces Central Commander for Afghanistan, Iraq and Africa.

Expected duration of the hearing: At least four days.

Unprecedented prosecution: The charges against Capt. Stone represent the first time a legal officer has been accused of a crime arising out of his handling of a battlefield report.

In Capt. Stone's defense: Lead civilian attorney, Charles Gittins, says, "General Huck did not believe there should have been an investigation, nor did the staff judge advocate for the regiment. My client was the lowest-level guy and he reported everything that he had been told. There was no requirement that he should have done more. I don't think the people who made the charging decision thought it through -- it seems like they just threw everything at a dartboard."

Expected witnesses: Maj. Gen. Richard Huck (former commanding general of the 2nd Marine Division based at Camp Lejeune, North Carolina, who at the time of the incident, was in charge of troops in Haditha ), "two other Marine officers who were in Iraq when the killings took place" (according to the North County Times), Sgt. Sanick Dela Cruz.

What's crucial: Maj. Gen. Huck's testimony could clear Capt. Stone. (As a side note, it's very rare for a general to testify for either side in a court case. Naturally, the investigating officer will give a great deal of weight to his testimony.)

Also at stake: Three other officers are facing charges similar to those of Capt. Stone: Lt. Col. Jeffrey Chessani, Capt. Lucas McConnell and 1st Lt. Andrew Grayson. The result of Capt. Stone's hearing will impact the other three officers, as well as the three enlisted Marines (Staff Sgt. Frank Wuterich and  Lance Cpls. Justin Sharratt and Stephen Tatum). All the accused are from Camp Pendleton's 3rd Battalion, 1st Marine Regiment.

Information drawn from various articles in the North County Times


TOPICS: Military/Veterans
KEYWORDS: defendourmarines; haditha; iraq
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Pendleton has just made it official. The first Article 32 in the Haditha incident will take place on May 8.

This thread is intended to be the main discussion thread during the hearing. This will help keep the facts in one place for easy reference.

1 posted on 05/04/2007 3:52:08 PM PDT by RedRover
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To: 4woodenboats; aculeus; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ...
Ping!

2 posted on 05/04/2007 3:56:01 PM PDT by RedRover (Defend Our Marines)
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To: RedRover

Thanks for the thread. This Article 32 hearing is of the utmost importance and will probably set the tone for the other Article 32’s. Please pray that this will be a fair and unbiased hearing. God Bless Our Marines.


3 posted on 05/04/2007 4:01:47 PM PDT by Semper Fi Mom
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To: RedRover
This thread is intended to be the main discussion thread during the hearing.

Great idea, Red. Got it bookmarked.

Am happy to see Lt Col Pigott has been removed from the hearing and replaced by Major McCann. Hopefully he will be capable of running a fair and unbiased hearing. Pigott seemed at a disadvantage when it comes to fair and unbiased.

4 posted on 05/04/2007 4:03:49 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: RedRover

Prayers going up for all eight. May all charges be immediately dropped, and each Marine well compensated for this miscarriage of justice; and may they soon be home with their families. I hope their attorneys can take Jack Murtha, and anyone else responsible for this travesty successfully to court.


5 posted on 05/04/2007 4:05:51 PM PDT by Paperdoll ( Duncan Hunter '08)
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To: RedRover

This guy had no business being in combat anyway. He is a JAG type. This was just a screw up waiting to happen. Next time ensure that the officer in charge is Infantry. They are trained for that. Whoever put this guy in combat should be charged as well. No wonder things went wrong.


6 posted on 05/04/2007 4:07:08 PM PDT by napscoordinator (.)
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To: All; RedRover
If you would like to help with the civilian lawyer’s legal fees for the
Haditha Marines you can do so by going to these sites.

Defend Our Marines

Lance Cpl. Justin Sharratt

SSgt. Frank Wuterich

Lt. Col. Jeffrey Chessani

Marine Defense Fund


Photo Sharing and Video Hosting at Photobucket

7 posted on 05/04/2007 4:07:13 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: napscoordinator

Capt. Stone was the staff legal officer, he wasn’t involved in the combat that day in Haditha.


8 posted on 05/04/2007 4:10:31 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: Semper Fi Mom

Amen, Mom. This hearing will set the tone for all the others. I pray it’s the beginning of the end of this nightmare.


9 posted on 05/04/2007 4:12:25 PM PDT by RedRover (Defend Our Marines)
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To: jazusamo

Bit of a shocker that Pigott got the hook! I’ll try to find some background on Maj. McCann. Wonder if he’s seen combat.


10 posted on 05/04/2007 4:14:29 PM PDT by RedRover (Defend Our Marines)
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To: jazusamo

Maybe I am misunderstanding the story. Are you saying he is still getting charged?


11 posted on 05/04/2007 4:14:56 PM PDT by napscoordinator (.)
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To: jazusamo

I read it again and cannot understand why he is being charged. This is ridiculous. This is going to be a carnival atmosphere.


12 posted on 05/04/2007 4:16:10 PM PDT by napscoordinator (.)
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To: Paperdoll

I live for the day when Murtha is a broken and forgotten man.


13 posted on 05/04/2007 4:16:58 PM PDT by RedRover (Defend Our Marines)
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To: napscoordinator
I agree, it is a carnival type atmosphere. Capt. Stone and the three other officers are being chared with varying charges of misreporting and such. Here's a link to the Marine Corp press release that lists the charges.

Charges

14 posted on 05/04/2007 4:21:30 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: napscoordinator

Good point!!


15 posted on 05/04/2007 4:30:18 PM PDT by fishergirl (My warrior, my soldier, my hero - my son. God bless our troops!)
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To: RedRover
Bit of a shocker that Pigott got the hook

Yes it is. It sounds like Pigott might be in a world of hurt for his actions at the other hearing.

I've never heard of Major McCann but I would think he has to be fairer than Pigott, combat or not.

16 posted on 05/04/2007 4:35:14 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: RedRover

“I pray it’s the beginning of the end of this nightmare.”
Can’t be too soon!


17 posted on 05/04/2007 4:44:01 PM PDT by dynachrome ("Where am I? Where am I going? Why am I in a handbasket?")
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To: RedRover
Thanks Red! I'll be following your pings to this thread xery closely. Here's hoping this hearing begins the "great unraveling" of what I see as a grave injustice to our finest and noblest, our Marines.
18 posted on 05/04/2007 4:46:54 PM PDT by smoothsailing ("Freedom is never more than one generation away from extinction"--President Ronald Reagan)
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To: jazusamo

Thanks for posting charges....


19 posted on 05/04/2007 4:47:22 PM PDT by Roadrunner52 (Our Troops ROCK!!! Hugs n Kisses from USA)
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To: napscoordinator; fishergirl
I think you're confused because there are two separate "crimes": murders and a cover-up.

The three enlisted men are charged with murder. The four officers are charged with neglience or actively covering up those murders.

As the battalion legal officer, Capt. Stone is being charged because he failed to instigate an investigation into the incident.

Of course, the prosecution has yet to prove that a massacre even took place. So there may have been nothing to be covered up in the first place. (Yes, this is a little surreal.)

20 posted on 05/04/2007 5:06:22 PM PDT by RedRover (Defend Our Marines)
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To: 1stbn27; 2111USMC; 2nd Bn, 11th Mar; 68 grunt; A.A. Cunningham; ASOC; AirForceBrat23; Ajnin; ...

Ping


21 posted on 05/04/2007 5:18:22 PM PDT by freema (Marine FRiend, 1stCuz2xRemoved, Mom, Aunt, Sister, Friend, Wife, Daughter, Niece)
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To: RedRover

I can hear the fat lady clearing her throat...

She will sing and these Article 32 hearings will lead to OFFICIALLY clearing these Marines of all serious charges.

To do otherwise is unthinkable..

THEN - an investigation of Murtha will commence.....


22 posted on 05/04/2007 5:24:28 PM PDT by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: RedRover

Thanks for the thread and the ping, RedRover.


23 posted on 05/04/2007 6:35:25 PM PDT by StarCMC (Honor military recruiters in all 50 states ~ May 19, 2007 ~ http://gatheringofeagles.org/?p=257)
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To: StarCMC

My pleasure, Star! As Semper Fi Mom noted above, this hearing will set the tone for the six others. Wish I could be in the courtroom myself. We’ll have to rely on the North County Times for news of each day’s proceedings.


24 posted on 05/04/2007 6:38:51 PM PDT by RedRover (Defend Our Marines)
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To: napscoordinator
This guy had no business being in combat anyway. He is a JAG type. This was just a screw up waiting to happen. Next time ensure that the officer in charge is Infantry. They are trained for that. Whoever put this guy in combat should be charged as well. No wonder things went wrong.

Every Marine's a rifleman.

Cindie

25 posted on 05/04/2007 7:37:16 PM PDT by gardencatz (Your son might be an honor student, but mine's a US Marine...it can't always be someone else's son!)
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To: Semper Fi Mom; RedRover
"This Article 32 hearing is of the utmost importance and will probably set the tone for the other Article 32’s. Please pray that this will be a fair and unbiased hearing. God Bless Our Marines."
I second those thoughts. Let us hope General Huck's testimony clear this Marine of any wrong doing and that it will set a precedent for those hearings that yet have to come to conclusion before any court martials are considered.
26 posted on 05/04/2007 8:00:33 PM PDT by Marine_Uncle
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To: freema

Thanks for the ping. Hopefully General Huck’s testimonies shall be enough to clear this Marine of any wrong doing, and perhaps set a precedence for the other yet to be tried cases.


27 posted on 05/04/2007 8:06:59 PM PDT by Marine_Uncle
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To: Paperdoll; smoothsailing; RedRover; jazusamo
I hope their attorneys can take Jack Murtha, and anyone else responsible for this travesty successfully to court.

Per the Constitution:

'They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.'
-- Article I Section 6
I would hope that someone has obtained and kept copies of all of the seditious utterings of scum Murtha from outside of the House Floor to use in the civil case and a House Impeachment action.
28 posted on 05/04/2007 8:45:58 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: brityank; Paperdoll; RedRover; jazusamo
I've archived a great deal of murtha's despicable utterings, but by far the most extensive and thoroughly documented collection can be found here:

THE MURTHA FILE

29 posted on 05/04/2007 8:57:05 PM PDT by smoothsailing ("Freedom is never more than one generation away from extinction"--President Ronald Reagan)
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To: smoothsailing; brityank

Thanks, Smooth, I was just going to link The Murtha File to him. :-)


30 posted on 05/04/2007 9:04:09 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: smoothsailing; Paperdoll; RedRover; jazusamo

Good info; thanks. Hopefully once these misguided cases are cleared, someone will push Murtha into obscurity, or preferably jail.


31 posted on 05/04/2007 9:07:54 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: jazusamo; brityank
There is absolutely nothing approaching the quality of content anywhere on the net, to my knowledge. :-)
32 posted on 05/04/2007 9:10:09 PM PDT by smoothsailing ("Freedom is never more than one generation away from extinction"--President Ronald Reagan)
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To: smoothsailing; brityank

I was looking at The Murtha File to see if the video of Murtha and Matthews was there when murtha made the first accusation on his show and I couldn’t find it. Do you know if that video is still available? I think I’ll look for it tomorrow if you don’t know.


33 posted on 05/04/2007 9:14:18 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: smoothsailing
You are brilliant. I can tell you i have enough info to wipe him off the map. I have “that” information with the attorneys of Stone, Chessani and Wuterich. I have hinted after Stone’s trial that they join forces ina class action suit against Murtha and Time. I have some pretty good power points. Stay tuned folks, because with all of us, Murtha is going down. He will be lucky to avoid jail.
34 posted on 05/04/2007 9:17:55 PM PDT by Roadrunner52 (Our Troops ROCK!!! Hugs n Kisses from USA)
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To: jazusamo

Murtha was on Tim Russert on March 22, 2006 and appeared in TIME on March 27, 2006.

Michael Moore posted an article on March 21, 2006......... I will look for the Matthews info....


35 posted on 05/04/2007 9:20:50 PM PDT by Roadrunner52 (Our Troops ROCK!!! Hugs n Kisses from USA)
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To: Roadrunner52

I could be mistaken but I thought murtha was on a Matthews show on May 17 or 18 and made the accusations about cold blooded killers.


36 posted on 05/04/2007 9:31:22 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: jazusamo; smoothsailing

Found it on uTube:

http://www.youtube.com/watch?v=llcMlB0nUHc

Six and a half minutes; several other vids there too.


37 posted on 05/04/2007 9:33:45 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: Roadrunner52

See above.

I don’t have a way to grab a copy, hopefully someone can grab it for future use.


38 posted on 05/04/2007 9:36:10 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: brityank

They referred to the May 17 episode in this video but that original May 17 video is the one I’ve tried to find with no luck so far.


39 posted on 05/04/2007 9:43:47 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: jazusamo
Definitely on Russert. I don’t know about Matthews. Russert asked Murtha about the camera men in Iraq the previous week. That was about the 17th. I investigated the videographer, filmmaker and witnesses. I can’t give anything away, but treason might be in order for a few people including Murtha and Moore. No promises but Murtha will be damn lucky to avoid jail.

I will look for Murtha - Matthews. Everyone realize that Nov. 19th was the Iraqi election day, and who would be there filming to make sure no cheating? Michael Moore.

40 posted on 05/04/2007 9:57:54 PM PDT by Roadrunner52 (Our Troops ROCK!!! Hugs n Kisses from USA)
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To: brityank

If you can open the link Copy and paste into your browser

http://www.youtube.com/watch?v=llcMlB0nUHc

Then you can email it to yourself, and save it to your computer.


41 posted on 05/04/2007 10:03:48 PM PDT by Roadrunner52 (Our Troops ROCK!!! Hugs n Kisses from USA)
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To: jazusamo; smoothsailing; Roadrunner52
FOUND IT:

May 18th 2006 John Murtha Tells Chris Matthews on Hardball that US Troops have "killed in cold blood." ^
(Opens in new window)

42 posted on 05/04/2007 10:08:53 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: Roadrunner52

Tried that earlier. All I get is the HTML link, not the vid stream itself. If they get pulled off the site they’re gone.


43 posted on 05/04/2007 10:12:56 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: brityank

Congratulations, Brityank, that’s the one I was talking about. I looked for it several months back also and couldn’t find it then either.

My skills with the computer and doing research on it leave a lot to be desired. I’ve at least got the link now, thanks much!


44 posted on 05/04/2007 10:18:22 PM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: jazusamo; smoothsailing; Roadrunner52

Found another; UK’s BBC Channel 4 AND Matthews/Murtha:

http://www.youtube.com/watch?v=X7przeLpl2s


45 posted on 05/04/2007 10:23:24 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: brityank

Thanks. You are awesome.


46 posted on 05/04/2007 10:42:47 PM PDT by Roadrunner52 (Our Troops ROCK!!! Hugs n Kisses from USA)
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To: Roadrunner52

Nah. Just lucky. ;^)


47 posted on 05/04/2007 10:46:49 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: brityank
John MURTHA supports the DRAFT...
http://www.youtube.com/watch?v=CQKspxWa-44

Truly this man is garbage, not worthy of anything. But you know you reap what you sew..... and he has NEVER met 100# Parana. I will eat all the flesh before i relent and let go.

48 posted on 05/04/2007 10:49:25 PM PDT by Roadrunner52 (Our Troops ROCK!!! Hugs n Kisses from USA)
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To: brityank

No really the Murtha file was also great. I have sent the link to the attorneys defending our troops. I sent it TONIGHT as soon as you posted it.

If he has never met a #100 Parana, he will find out soon enough.


49 posted on 05/04/2007 10:57:36 PM PDT by Roadrunner52 (Our Troops ROCK!!! Hugs n Kisses from USA)
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To: RedRover; lilycicero; pinkpanther; smoothsailing

Ping and a bump


50 posted on 05/05/2007 6:32:30 AM PDT by freema (Marine FRiend, 1stCuz2xRemoved, Mom, Aunt, Sister, Friend, Wife, Daughter, Niece)
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