Posted on 12/31/2007 6:47:14 PM PST by RedRover
The Marine Corps has now acknowledged that none of the Marines charged with criminal offenses for their actions at Haditha, Iraq committed murder. Lieutenant General Samuel Helland’s decision to dismiss charges of unpremeditated murder against Staff Sergeant Frank Wuterich lay to rest specious allegations by Time Magazine reporter Tim McGirk and Congressman John Murtha that a My Lai-style massacre occurred in Haditha on November 19, 2005.
A Marine Corps spokesman said Monday that Staff Sgt. Frank Wuterich will face trial on charges of voluntary manslaughter, aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice for his role in the debacle that followed an Al Qaeda led attack on a squad of 12 Marines.
Lt Gen Helland, the final arbiter in the matter, dismissed twelve charges of unpremeditated murder, and separate charges of soliciting another to commit an offense and making a false official statement. His decision removes the onus that war crimes were committed by any of the American Marines who fought in the day-long battle for the strategic city.
Attorneys Neil Puckett and Mark Zaid, in Washington, D.C., co-counsels for SSgt Wuterich, responded:
"The good news is that SSgt Wuterich (and all of the Marines, for that matter), have been forever cleared of murder charges. That means that there is (and never was) any evidence to support Congressman Murtha's and Time magazine's allegations of these Marines killing Iraqis 'in cold blood.'
"The bad news is that the extensive pretrial investigation and legal analysis conducted by an experienced military judge was essentially ignored. It is always disappointing when professional military prosecutors profess to want to do the right thing by setting up the system to work, and then ignore its results because they refuse to give Marines under attack in combat the benefit of the doubt that they were responding according to their training. We are confident that a military jury will acquit SSgt Wuterich of all remaining charges, because he is, in fact, not guilty."
Four to face courts martial
SSgt. Wuterich, as expected, faces trial along with three other Marines: 1st Lt. Andrew Grayson, an intelligence officer, Lt. Col. Jeffrey Chessani, the former commanding officer 3rd Battalion, 1st Marines, and LCpl. Stephen Tatum, a rifleman in Wuterich’s squad.
Wuterich was the squad leader in the battalion’s 3rd Platoon, Kilo Company who led his Marines in a house-to-house search for insurgents following an IED bombing that killed LCpl Miguel "T.J." Terrazas and injured two other Marines. During the subsequent engagement, his men killed at least eight insurgents and 15 civilians. The slain included five military aged males who inexplicably emerged from a car that drove into the ambush zone seconds before an IED explosion announced the opening gambit in the day-long fight.
New charges against 1st Lt Grayson
Grayson is a 26-year old intelligence officer with 2nd Counter-Intelligence Human Intelligence Exploitation Company (CI HUMINT Co) at Camp Lejeune, North Carolina. He was attached to 3/1 at Haditha when Wuterich’s squad was ambushed. He was not at the scene of the ambush when it occurred.
Three months ago government prosecutors at Camp Lejeune offered Grayson complete exoneration of all charges in return for admitting he lied to investigators about the case. He refused, saying doing so would impugn his honor.
Grayson was apprised of the additional charges Friday in a new Charge Sheet dated December 13, 2007. The new complaint includes the new fraud charge – a violation of Article 80 of the UCMJ - which is a so-called "attempt" charge and modifications to his existing indictment. Lt Gen Helland dismissed a two-count charge of dereliction of duty charge leveled against Grayson last fall.
The lieutenant is also now charged with lying to two colonels during Col. Gregory Watt's informal "AR15-6" investigation of the Haditha, Iraq massacre allegations in early 2006. At the time Watt was investigating charges that Wuterich’s squad had massacred 24 Iraqi citizens in retaliation for the death of one of their own.
Grayson became embroiled in the investigation when Watt discovered one of the lieutenant's subordinates had taken approximately 70 digital photographs of the crime scene that were later destroyed.
"Fraudulent discharge, patently absurd"
Lt Grayson's attorney Joseph Casas, a former Marine enlisted man and Navy JAG, said his client’s prosecution for unlawfully trying to obtain a discharge may be one of the worst examples of unprovoked ferocity in the Corps’ 232-year history.
On June 13th, 2007 Casas announced that 1st Lt. Grayson had been discharged on June 1, 2007 and was therefore not liable for prosecution under the UCMJ. The Marine Corps disputed the claim and ordered Grayson to remain on active duty.
Since June, Grayson has been shuttling back and forth between North Carolina and California while the case drags on. At the time Casas announced his client's discharge, a Marine Corps spokesman at Camp Pendleton declined to say why Grayson had been issued his "DD-214" and not released from active duty.
Any veteran who has endured the arduous discharge procedures can attest that chicanery does not work when the military is letting a service member go. The system of checks and balances incorporated into the discharge process is more akin to getting out of prison than simply leaving a job.
Specification II of the new Charge Sheet claims that Grayson "deliberately" concealed from the personnel experts overseeing his discharge the lieutenant's own ineligibility for separation. The complaint says Grayson hoodwinked the personnel specialists because he was "pending administrative or judicial proceedings as an Accused." Subsequently the Marine Corps "erroneously" gave him his coveted DD214 discharge certificate anyway, the charges show.
Grayson allegedly committed the crimes by "making knowingly false representations to commanders and staff officers of 2nd Intelligence Battalion that his completion of check out paperwork was solely to ensure an expeditious separation from active duty." His motive was "to separate from active duty before the completion of his administrative and or judicial proceedings" to avoid facing possible criminal charges, a claim both Grayson and his attorney vehemently deny.
"The Marine Corps' new charges of attempted fraudulent discharge are patently absurd. Our job is to exploit any shortfalls in the Government's case, including issues of personal jurisdiction such as this one," Casas said during a telephone interview Monday afternoon. "The Marine Corps discharged Lt Grayson and he has the DD214 to prove it. Now it is clear the government is grasping for straws by shifting blame to 1Lt Grayson in order to keep a drowning case alive."
Blame misplaced
The charge seems particularly incredible in light of the fact that by June 1, 2007 Grayson’s name, status, and picture had graced the pages of just about every major newspaper, magazine, and network television news source in the United States and overseas multiple times, several critical observers noted.
Brian Rooney, the civilian attorney and a former Marine officer representing Lt Col Chessani, said if anyone should be on trial for Grayson’s "discharge debacle, it should be the incompetent commanders and personnel who discharged him."
"2008 will bring good things--including my full acquittal."
The charges that Grayson deliberately lied to Col. Watt and his investigators is the more serious allegation. After interviewing the young lieutenant in Iraq, Watt complained to his superior, Army Maj Gen Eldon Bargewell that Grayson was an insolent, elusive character who didn’t want to cooperate with him.
Casas said that Watt simply didn’t understand the security strictures that Grayson was laboring under at the time. Unlike his infantry colleagues, the intelligence information he routinely worked with was highly classified and limited to those with a "need to know." At the time of Watt’s investigation, the Army colonel was not in his chain of command and therefore didn’t have a need to know everything Grayson did, which he apparently interpreted as Grayson being uncooperative, Casas explained.
"General Helland got it right in dismissing charges which accused Lt Grayson of Law of War violations. But I am disappointed that other charges survived, especially in light of the fact that the majority of the charges are predicated upon the testimony of a self-professed liar – SSgt Laughner," Casas added.
Key defense testimony came from Capt. (now Major) Jeffrey Dinsmore, the intelligence officer of 3/1 and the officer who interacted with Grayson on a daily basis. On several occasions he testified that Grayson had done nothing wrong ordering Laughner to destroy the photographs per Marine Corps regulations because they held no intelligence value, he said.
At the time Grayson gave the orders to destroy the photographs there was no hint that a war crimes investigation would ensue and that the photographs might one day be considered evidence.
Grayson, who served to combat tours in Iraq, said he will continue to fight for his honor and the honor of the Corps.
"I am saddened and disappointed by my Marine Corps' decision to come after me this way," Lt Grayson said today. "This past year has been a crucible for my family and me, but we’re confident that 2008 will bring good things – including my full acquittal."
"I am saddened and disappointed by my Marine Corps' decision to come after me this way," Lt Grayson said today. "This past year has been a crucible for my family and me, but we’re confident that 2008 will bring good things – including my full acquittal."
Amen, Lieutenant, may you and your brothers be fully exonerated in 2008.
A very happy New Year to all!
UnFREAKENbelievable.
including my full acquittal.”
Amen to that!
Thanks for keeping us informed!!!!
Well said!!!
What a miserable prick.The people in his district need to come to their senses and give him the boot.
Yeah, what a jerk.
There isn’t anybody in Congress that makes my blood boil any more than that traitorous puke. And that’s saying something, considering some of his congresscritter colleagues, including my own congresscritter.
:(
My pleasure, Gitmo! And Happy New Year to you, my friend.
Here's the direct link: Traitors.
Ditto that and a Happy New Year to all!
Murtha loves the Jihadists and hates the men and women who are serving the United States of America.
Murtha, the liberal media, and Democrats/liberals love the Jihadists and hate the men and women who are serving the United States of America.”
These liberals are pure evil. I can’t believe the liberals in the media and Murtha tried to frame our troops for a fake massacre of Muslims in Iraq. I am fuming.
Boy ain’t that the truth.
How often is the JAQ anti-military?
We've come along with this year...
Every POS that voted for this traitor is a traitor enabler. His supporters share every bit of guilt and blame for this scumbag’s acts and actions.
Depends on who you ask. But since some of my best friends are JAGs, I’ll take the Fifth on that one. Happy New Year, ‘bot!
Murtha, the liberal mainstream media, and Democrats/liberals love the Jihadists and hate the men and women who are serving the United States of America.”
These liberals are pure evil. I can’t believe the liberals in mainstream the media and Democrat Murtha tried to frame our troops for a fake massacre of Muslims in Iraq that never happened. I am fuming.
I’ll second that. Happy New Year, my friend. Here’s to a great ‘08!
They pretend to themselves that they only hate George Bush. But in reality, they are stabbing our servicemen in the back, and they know it.
Yes, we’ve come a long way.
It’s very sad that we aren’t celebrating this New Year with the news that all charges were dropped against all these Marines, I fully believe they will be exonerated though. We’ll have to have the big celebration next New Years Eve.
Thanks for updating the graphic, Red!
This is the lying traitorous bastard that started the ball of crap rolling on this farce, I hope one day that ball rolls back and crushes his sorry a$$ into oblivion.
Nuff said.
A man of honor who refused the Corps desperate attempt to get him to admit to lying. If he didnt lie, no reason to say he did. Stand fast LT.
In the end however, the Marine Corps loses the exact type of officer they need, all because of a witch hunt directed from washington.
Then, just as we posted the thread, there came another bombshell leak: Official: Evidence doesn't back Marines.
It was really an uphill climb to get any positive attention at all for the Marines, but pink still managed to get the fund announcement on five military/political blogs.
All those officials who "spoke on condition of anonymity" have a lot to answer for!
That slut Murtha took the word of Time Magazine over his.....I say that with great reservation.....fellow Marines.
That’s the greatest tragedy. Lt Grayson was saving American lives in Iraq. Can we really afford to drum him out of the Corps just because a REMF Army investigator thought the lieutenant was “arrogant”?
“specious allegations by Time Magazine reporter Tim McGirk
This is the lying traitorous bastard that started the ball of crap rolling on this farce, I hope one day that ball rolls back and crushes his sorry a$$ into oblivion.
Nuff said.”
Yes, and the rest of the liberal mainstream media repeated those allegations over and over again so that everyone heard of them. So Tim McGirk as well as all the media are as guilty because this one guy alone could not have turned this hoax into such a “scandal”.
Everyone blames the initial accuser but it’s the widespread and REPEATED broadcasting of these allegations and other liberal lies like global warming that have the deleterious effect on the United States, conservatism,Republicans, capitalism, and freedom as the liberal media intends.
The liberal media just act innocent like they are just reporting facts when they are just liberal/democrat activists broadcasting lies to ignorant, government educated masses. And they report these lies to further their liberal agenda of liberalism and socialism.
Liberals are evil.
“I’ll second that. Happy New Year, my friend. Here’s to a great ‘08!”
Thank you and same to you, sir. Happy New Year! to yourself and all your kith and kin.
Ad Triarios Redisse!
Semper Fi
Tim McGirk
Happy New Year
And I'm gonna figure out these animations yet.
The Marine Corps has now acknowledged that none of the Marines charged with criminal offenses for their actions at Haditha, Iraq committed murder.
In recognition whereof Jackscam Murtha will be comped into the Yuri I. Nosenko Suite for the duration.
$#^543 Murtha %&^%#%@*& &^%&$% *^*&^64 Murtha,
(*%^%& ^%%$%#@$^7 Murtha %$^$#$ #@$% Murtha.
Translation: Not permitted.
Explanation: Recently suspended from FreeRepublic for “profanity”
Profanity = verbal communication between Marines.
The horror of a Congress Person slandering warriors for their own traitorous political agenda, goes beyond despicable and is CLEARLY treasonous...
Murtha is a poster child case for the legalization of Dueling.
hmm. has the msm picked up on this?
Ummmm...
I’m good at dueling.
Sword or pistol, your choice...
DM
Wow its almost been a year hasn’t it! Well we have had some successes this past year, LCpl Justin Sharratt, Captain Randy Stone, Captain Lucas Mcconnell and of course Sanick Dela Cruz.
It really saddens me that the other four Marines in this case that have to continue with court martials instead of dismissals of all charges.
I had hoped, as we all did, that once the evidence was presented that everyone would see that this case should never have been brought in the first place.
Here we are a year later getting ready to go through the next phase with our Marines. I imagine that additional financial support is still needed for all four Marines. I guess one year later we need to do the same thing we were doing last year, GET THE WORD OUT ABOUT WHERE TO DONATE!
God bless these men and their families who have endured so much for so long AND still haven’t reached the end.
I will post this up tomorrow. Took the holiday off of everything including my blog. Back to blogging tomorrow.
HAPPY NEW YEAR!!!
I vote for bigheadfred, LOL!
Ping
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