Posted on 03/29/2008 7:02:57 PM PDT by South40
Charges dropped; lance corporal also granted full immunity
CAMP PENDLETON – The Marine Corps yesterday dismissed all charges against a lance corporal who took part in the killing of 24 civilians more than two years ago in Haditha, Iraq.
Stephen Tatum had been charged with involuntary manslaughter, aggravated assault and reckless endangerment. The dropping of those charges occurred during a hearing at Camp Pendleton, shortly before jury selection was to begin in Tatum's court-martial.
The government also granted full immunity to Tatum, perhaps to encourage him to testify against his squad leader, Staff Sgt. Frank Wuterich. In recent weeks, it has tried to gain Tatum's cooperation against Wuterich, who led the attack in Haditha.
“This was done in order to continue to pursue the truth-seeking process into the Haditha incident,” Marine officials said in a news release issued shortly after the hearing.
Tatum's lawyer, Jack Zimmermann, said his client was relieved and happy about the developments yesterday. “There is no deal to trade testimony for a dismissal,” Zimmerman said.
But he said Tatum would likely testify during Wuterich's trial, which has not been scheduled. “He is not a witness against anybody,” Zimmerman said. “If he is called to testify, he will testify truthfully.”
Wuterich and Tatum are part of the Camp Pendleton-based 3rd Battalion, 1st Marine Regiment. A roadside bomb struck their unit's convoy Nov. 19, 2005, in Haditha, killing one Marine and wounding two others. For several hours afterward, Wuterich and some of his Marines killed 19 men, women and children in a few homes with small-arms fire and grenades. They also fatally shot five men who got out of a taxi near the bomb blast.
Wuterich is facing court-martial on charges of voluntary manslaughter, aggravated assault, reckless endangerment, dereliction of duty and obstruction of justice.
He and Tatum have called the Iraqi civilians' deaths a tragedy caused by legitimate combat between Marines and insurgents. Prosecutors contend that the actions were criminal because they violated the military's rules of engagement.
Wuterich's civilian defense attorney, Neal Puckett, said the Tatum dismissal proves the government has a poor case against his client.
“It's a further demonstration of how weak the government's case has become,” Puckett said.
Originally, four enlisted Marines were charged with murder in the Haditha case, and four officers were charged with failing to investigate the killings. Now, only Wuterich and two officers still face court-martial.
The highest-ranking defendant is Lt. Col. Jeffrey R. Chessani, commander of the Camp Pendleton-based 3rd Battalion, 1st Marine Regiment at the time of the Haditha incident. He is the highest-ranking officer to face a combat-related court-martial since the Vietnam War.
Chessani, accused of dereliction of duty and violation of a lawful order, has said he didn't order a formal investigation because he believed the deaths resulted from lawful combat.
His attorney, Brian Rooney, said Tatum's dismissal gives more credence to Chessani's claims.
“This is a house of cards, and it's all falling apart now,” Rooney said.
Good... one of the things making the WOT a joke is the total handcuffing of our military in their jobs. It’s like taking a World champion boxer and tieing his hands behind his back, making the three brothers of the other boxer the judges, then saying “Why is he losing to this schmuk?!”
this military wife is steppin up the prayer now!!!!!!!!!!
mrs
John Kerry is bummed. (He served in Vietnam)
So is Hillary Clinton. (She served in Bosnia)
More coverage...
The friends of our enemies — THE LIBERAL SOCIALISTS. The military is bad, and so is America. Just what we need in the White House, right???
There's that line again,Ma. Other papers are running out that same lie. NO IMMUNITY WAS GRANTED! The case was dismissed with prejudice by Gen. Helland. That means Tatum is free and clear of all charges and can never be prosecuted for them again. There is nothing for him to be immune from. He's an innocent Marine, period.
I loathe the media when they pull stunts like this. It suggests to the readers that the prosecutors are still holding something over Tatum. It's a lie.
“He’s an innocent Marine, period.”
What must he and his famiy think after all they have been through, to have him falsley charged for doing his duty.
No words can describe how this disgust me and I only pray him and his family will forgive this country for putting them through this.
with prejudice definition – when a judge says that a case is dismissed “with prejudice,” the judge means that the case is dismissed for good reason and the litigant cannot bring an action on the same claim again.
Damn media.
You betcha,darlin! :)
“Good... one of the things making the WOT a joke is the total handcuffing of our military in their jobs.”
Marines were not trained to be “peacekeepers,” which is as much a political service as military. I say political in the sense that one of their most important jobs is to win over the civilian population. Just like during our occupation by the Brits before our Revolutionary War, any killing of “unarmed civilians,” no matter the circumstances, by the occupiers will inflame the local citizenry like nothing else.
Better to use the Marines for their real purpose—go in and defeat the enemy’s armed forces and then leave.
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