Posted on 05/15/2007 2:26:57 PM PDT by RedRover
CAMP PENDLETON ---- A Marine captain accused of dereliction of duty for failing to investigate the deaths of 24 Iraqi civilians in Haditha in 2005 said Tuesday that he never believed from early reports that a violation of the law of armed conflict had occurred.
Capt. Randy W. Stone, 34, made that assertion during a 25-minute address at the conclusion of seven days of testimony in a probable cause hearing that will determine if he is ordered to trial by court-martial.
Stone was the legal affairs officer for Camp Pendleton's 3rd Battalion, 1st Marine Regiment in Iraq at the time of the killings, which were carried out by Kilo Company troops.
"I have never lied and have worked at all times to assist as best I could to shed light on what I knew and when I knew it," Stone told the hearing officer, Maj. Thomas McCann, as he attempted to save his military career. "The most frustrating thing is the reality that even looking at this whole matter through 20/20 hindsight, I know I was trying to help.
"My firm belief that there was no law of armed conflict violation was the foundation for what actions I did take as well as action I did not take."
Stone delivered his remarks in calm and clear voice while standing at a lectern. His comments were presented as an unsworn statement, meaning he could not be questioned by prosecutors.
The defense and prosecution will present final arguments to McCann this afternoon as the Article 32 hearing that began last Tuesday for Stone concludes.
Stone's case was the first of four filed against battalion officers for dereliction in the Haditha incident to reach court.
Four enlisted men were accused of murder for their roles in the civilians deaths, but that number dropped to three in early April when prosecutors dropped charges Sgt. Sanick Dela Cruz, saying his testimony at the court hearings and any subsequent trials outweighed his involvement in the killings.
Testimony throughout Stone's hearing pointed responsibility for failing to investigate the Haditha deaths at higher command levels than Stone. The killing took place after a roadside bomb destroyed a Humvee the morning of Nov. 19, leading to a house-clearing operation and the shooting of five men who emerged from a car near the site of the bombing.
Numerous witnesses who testified over the last several days said they relied on the same initial information as Stone in concluding the matter did not require an investigation. The first reports said the deaths occurred as a result of civilians caught in the crossfire during combat action between the Marines and insurgents immediately following the bombing.
This morning, Maj. Kevin Gonzalez, the executive officer for the battalion in Haditha in 2005, testified that Stone was an able and competent officer who had been instructed to rely on higher-level legal affairs officers to determine when investigations were necessary.
"He was not expected to take affirmative action," Gonzalez said.
The next step in the case is for McCann to write a report to Lt. Gen. James Mattis stating whether he believes the evidence warrants sending Stone to trial. Mattis will make the final decision as head of Marine Corps forces in the Middle East.
See Wednesday's North County Times for a full report on the hearing and the final arguments from the defense and prosecution.
I believe his carrer is over,no matter what the court says.
That having been said, he did nothing wrong and got caught in the switches of a political con game being run by the democrats and the Media.
I think you’re right, but hope you’re wrong.
It’s a hell of thing for men who bleed Marine blue to end up losing what they love, no matter what Gen. Mattis decides.
I met a double Blue Star Marine mom today, I told her thank you and good luck.
This is a bunch of hooey junk.
This is just nuts.
>> “The most frustrating thing is the reality that even looking at this whole matter through 20/20 hindsight, I know I was trying to help.
Unfortunately, the Hate America Crowd has an agenda which has no concern for truth nor integrity.
No charges should be filed against Capt. Stone. Not one witness presented testimony that he was derelict in his duty, that I read. On the contrary with murtha, the news media and the NCIS many lies, distortions and half truths have come out.
I am afraid he is like the Skipper who ran his sub aground.
Fault or not he is done.
Is there anything the President can do to exonerate these men? Why can’t he, as commander in chief, demand it? And why has he not? Jack Murtha should be hung by the thumbs until dead!
CAMP PENDLETON – A Marine captain accused of dereliction of duty in the killings of 24 civilians in the Iraqi town of Haditha said Tuesday that he never lied about his actions and did not pursue an investigation because he believed the deaths resulted from lawful combat.
“I have racked my brains for the months since I was first informed of these charges,” said Capt. Randy W. Stone, who was charged in December with failing to investigate. “I have never lied and have worked at all times to assist as best I could to shed light on what I knew and when I knew it.”
Stone, who was the 3rd Battalion, 1st Marines lawyer at the time of the Nov. 19, 2005 killings, spoke from the lectern on the seventh day of his Article 32 hearing, the military equivalent of a grand jury proceeding. It was the first time he addressed the court and his statement was unsworn, which prevented him from being cross-examined by prosecutors.
Stone, 34, said he was frustrated by the accusations against him.
“Even looking at this whole matter through 20/20 hindsight, I know I was trying to help and my firm belief that there was no law of armed conflict violation was the foundation for what actions I did take as well as action I did not take,” Stone said.
Stone emphasized a central argument of his defense that many Marines shared in the decision not to investigate.
“Those around me at all pay grades and in every niche of the battalion or beyond seemed satisfied,” he said.
The Marine Corps asserts the 24 slain were civilians, but several witnesses have testified eight were insurgents.
An investigating officer will recommend whether the charges should go to trial.
Four officers, including Stone, are charged with dereliction of duty. Three enlisted Marines are charged with murder.
About 20 witnesses have testified at Stone's hearing. Many said they saw no need for an investigation.
“There was nothing there that looked out of the ordinary,” Maj. Kevin Gonzalez, the executive officer for the battalion, said Tuesday.
The slayings occurred after a roadside bomb killed a Marine driving a Humvee and injured two others.
In the aftermath, five Iraqi men were shot as they approached the scene in a taxi and others – including women and children – died as Marines went house to house in the area, clearing homes with grenades and gunfire.
Among other allegations, Iraqi witnesses accused Marines of herding four men into a cupboard and spraying them with gunfire.
“I didn't think anything like that could have happened,” Gonzalez said.
Gonzalez said Stone was told by the battalion's commander, Lt. Col. Jeffrey Chessani, that the deaths occurred in combat so he “didn't need to take any other action.” Chessani is one of the four officers charged with dereliction of duty.
Every operational unit of equavalent size to a battalion has had a legal officer as part of the staff since the army reorganization of 1905
Those who instigated the Haditha charges are traitors who should be imprisoned.
In the 1970's this was an additional duty - in fact I don't recall anyone ever actually doing anything as a legal affairs officer. Certainly, no one was assigned to the battalion in that capacity. Do you have a link describing the 1905 reorganization?
This has been my point all along. President Bush is far more powerful than the traiterous Jack Murtha, yet he refuses to do anything. It's politics as usual. These Marines, and sailors and soldiers being railroaded by the U.S. military are heros. They should be rewarded for their brave service to America, instead they are left to hang out to dry. It's a national disgrace, and one cannot omit Bush from this disgrace either.
I must disagree on a few points. The President will have to let the chips go on where they are, then he can make a move to stop the stupidity. If he stops it now, the dimwits, the MSM, and all America haters will scream “coverup”, and you know that as well as I do.
Isn’t this (fairly) new for the Marines? I’d need to search back through post threads to find the info, but I had that impression.
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