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General's aide refuses to testify in Haditha hearings
North County Times ^ | May 7, 2007 | MARK WALKER

Posted on 05/08/2007 3:56:43 AM PDT by RedRover

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The hearing begins this morning, 9:00 am, Pacific.

There was also this item in today’s Napa Valley Register (from the AP):

The hearing for Stone, a military attorney from Dunkirk, Md., and others planned for his co-defendants will assess if the response by Wuterich and his men was justified, and will probe whether officers failed in their duties by not launching an investigation sooner.

Charles Gittins, the lawyer for Stone, said his client did nothing wrong because he reported the facts to his superiors as he understood them.

“They are saying that he should have nipped at people’s heels, telling them they need to investigate,” Gittins said. “Everything that my client knew, they knew.”

Former military prosecutor Tom Umberg said just because superior officers do not take action “that doesn’t absolve you of an obligation” to report a suspected law of war violation to military investigators.

David Glazier, a professor at Loyola Law School Los Angeles who teaches the law of war, said high-ranking officers rely on their subordinates to feed them information and flag areas of concern.

“It is invalid of them to argue that they didn’t have an obligation to dig further unless a general officer told them to,” Glazier said of the accused officers.

At the Article 32 hearing, the military’s equivalent of a grand jury proceeding, an officer will listen to evidence and recommend whether charges should go to trial or not. Even if the enlisted Marines are absolved of murder, the officers still can be prosecuted for failing to properly investigate.

“If you have a suspicious circumstance, then you have a professional duty to ensure it was accurately reported,” Glazier said. “They could have breached those responsibilities even if ultimately the lower-ranking individuals are found not to have committed a crime.”

More information on the case, see this thread: Haditha Article 32: Capt. Randy W. Stone.

1 posted on 05/08/2007 3:56:47 AM PDT by RedRover
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To: 4woodenboats; aculeus; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ...
Ping!

2 posted on 05/08/2007 4:07:19 AM PDT by RedRover (Defend Our Marines)
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To: RedRover

Its a friggin war for Kee rists sake. get out of the way and let them fight it.

If people dont want to get killed they should have gotten out of the way when they saw the terrorists planting the IED’s instead of waiting around to see the action.

There is no doubt in my mind they knew the thing was there and they knew what it was. There are no innocents here.


3 posted on 05/08/2007 4:23:17 AM PDT by sgtbono2002 (I will forgive Jane Fonda, when the Jews forgive Hitler.)
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To: RedRover

Col Gary Sokoloski won’t testify. Wonder why Mattis didn’t grant him immunity? The Col. approved the press release by Public Affairs officer Jeffrey Pool that modified the wording of the action in Haditha that day. His actions and Pool’s actions are the only reason there was ever talk of a “cover-up”. Not saying what they did was wrong, but his testimony would help explain things. Well, at least they have the Bargewell report to somewhat explain the chain of events.

Good luck to Capt. Stone!


4 posted on 05/08/2007 4:27:29 AM PDT by Girlene
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To: Girlene
Yes, good luck, Capt. Stone!

BTW, did you catch that bit in post # 2?

Even if the enlisted Marines are absolved of murder, the officers still can be prosecuted for failing to properly investigate.

"If you have a suspicious circumstance, then you have a professional duty to ensure it was accurately reported," Glazier said. "They could have breached those responsibilities even if ultimately the lower-ranking individuals are found not to have committed a crime."

5 posted on 05/08/2007 4:38:30 AM PDT by RedRover (Defend Our Marines)
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To: RedRover

Prayers up for Captain Stone!


6 posted on 05/08/2007 4:44:47 AM PDT by Just A Nobody (PISSANT for President '08 - NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: RedRover
Even if the enlisted Marines are absolved of murder, the officers still can be prosecuted for failing to properly investigate.

This is getting silly. A verdict like that would destroy the effectiveness of having any lawyers in the field during war. To cover themselves, they'll ask for further investigations left and right to make sure they are never second guessed down the line. Same goes for other officers. Have these prosecutors ever seen combat?

Well, I guess the prosecutors answered a question I had about the scheduling for these hearings. I didn't understand why they would hold hearings for the officers before they determined if the Marines had actually committed any crimes. Doesn't matter, I guess. Officers must investigate non-crimes, too?!
7 posted on 05/08/2007 4:49:00 AM PDT by Girlene
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To: Girlene
A verdict like that would destroy the effectiveness of having any lawyers in the field during war.
Having lawyers in the field during war is "effective?"
8 posted on 05/08/2007 4:56:41 AM PDT by oh8eleven (RVN '67-'68)
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To: oh8eleven
Having lawyers in the field during war is "effective?"

I have no idea since I've never been involved in combat. I assume at times it must be helpful, otherwise why bother? I'm just saying asking lawyers/officers to keep investigating combat situations even if there is no crime is ridiculous. They investigated and determined no "murders" had occurred. The prosecution is essentially saying since the civilian deaths reached too high a number, a formal investigation by NCIS should have happened. That seems ineffective. Especially with the way NCIS does an investigation.
9 posted on 05/08/2007 5:05:52 AM PDT by Girlene
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To: RedRover

Col Gary Sokoloski may be the source of the biased leaks.


10 posted on 05/08/2007 5:06:44 AM PDT by An Old NCO (Tired of traitors)
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To: RedRover

Sounds like the persecution is getting political pressure to convict innocent soldiers. This Me Lie is nothing but Liars.

Pray for W and Our Marines


11 posted on 05/08/2007 5:22:41 AM PDT by bray (The Surge is Working against both Enemies of America)
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To: RedRover

What a crock of shit. The entire case should be dismissed against all involved.


12 posted on 05/08/2007 5:31:23 AM PDT by pissant
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To: RedRover

Prayers for these soldiers & all our soldiers. ~P~


13 posted on 05/08/2007 5:49:25 AM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: pissant
I'm flabbergasted by this refusal to aid a fellow Marine in a search for the truth (that's what an Article 32 is supposed to be anyway). What's that saying again, "Semper Fifth"?
14 posted on 05/08/2007 6:01:19 AM PDT by RedRover (Defend Our Marines)
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To: An Old NCO

Hard to believe a Marine could betray a fellow Marine. But the colonel’s refusal to tell everything he knows, letting chips fall where they may, does not seem like the action of an honorable man.


15 posted on 05/08/2007 6:08:43 AM PDT by RedRover (Defend Our Marines)
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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

16 posted on 05/08/2007 6:48:00 AM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: RedRover; P-Marlowe

There was no suspicious circumstance warranting an investigation of violation of the laws of war.

It was an acknowledged firefight, it was monitored by HQ, it was led by capable people, and they acted according to the ROEs in effect at the time.

Where’s the suspicious circumstance?


17 posted on 05/08/2007 6:51:56 AM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: RedRover

It’s distressing that Col. R. Gary Sokoloski is refusing to testify in a case where fellow Marines are facing jail time and dismissal from the Corps. If he’s doing it to save himself, which seems likely, it doesn’t speak well for him.

It’s probably wishful thinking on my part but do you suppose Lt. Gen. Mattis is not stopping the deployment of Lt. William Kallop back to Iraq because he knows his testimony won’t be required in further hearings or trials? Just a thought.


18 posted on 05/08/2007 6:56:14 AM PDT by jazusamo (http://warchronicle.com/TheyAreNotKillers/DefendOurMarines.htm)
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To: RedRover

Mail to you.


19 posted on 05/08/2007 7:00:40 AM PDT by lilycicero (SSgt Wuterich and his squad don't make deals!)
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To: Girlene

I believe it was the Andersonville prison camp trial, after the Civil War, that established a soldier’s obligation to disobey unlawful orders.

This trial seems to seeking similar earth-shaking precedents.

The prosecution is arguing that: 1) Any soldier or Marine has the obligation to demand an investigation into any civilian death even when his superiors do not agree. 2) Urgent combat operations are no excuse for holding an investigation, even if it means withdrawing an entire unit from combat for interrogation.

The truly scary thing to me is our enemy in the WOT now knows how to remove troops from the field.

Is that what Murtha and his co-horts are truly after? Seems they would do anything to end the WOT.


20 posted on 05/08/2007 7:01:24 AM PDT by RedRover (Defend Our Marines)
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