Dead Journalist's Family Sues U.S. Troops

AP | 5/28/03

[kattracks]

Dead Journalist's Family Sues U.S. Troops

.c The Associated Press

MADRID, Spain (AP) - The family of a Spanish journalist - killed by a U.S. shell fired at a Baghdad hotel during the war in Iraq - has sued three U.S. soldiers, accusing them of war crimes and murder, a National Court official said Wednesday.

The suit, filed Tuesday, is to be considered by investigative magistrate Guillermo Ruiz de Polanco, the court official said, speaking on customary condition of anonymity.

Polanco will decide if there are sufficient grounds for a trial before any move is made to try to bring the soldiers to Spain.

The lawsuit names Sgt. Shawn Gibson, Capt. Philip Wolford and Lt. Col. Philip de Camp, all of the U.S. 3rd Infantry, said Pilar Hermoso, lawyer for the family of late Spanish television cameraman Jose Couso.

Couso, 37, of the private Telecinco station was killed April 8 when an American tank fired on the Palestine Hotel where most foreign journalists were staying during the Iraq invasion.

The Pentagon said troops were responding to sniper fire. But journalists at the scene said they heard no fire coming from the hotel.

``Everybody knows that they (the U.S. military) are responsible for the attack on the Palestine Hotel,'' said Hermoso.

The suit cites Wolford as the officer who ordered the attack on the building.

Hermoso said the names of the soldiers had been gathered from media reports of the incident. She claimed that Gibson admitted on television to having fired the shell after receiving orders from superiors.

The Spanish government called Couso's death a tragic error but accepted the official U.S. explanation that it was an accident of war.

Spain backed the U.S.-led invasion of Iraq, despite broad public opposition.

Couso's family has demanded a full investigation of the attack that also killed Ukrainian television cameraman Taras Protsyuk who was working for Reuters.

Hermoso said the suit had been filed at Madrid's National Court because Spanish law allows the court to try crimes committed against Spaniards outside the country.

She said that a suit before the International Criminal Court in The Hague was unlikely to succeed as the United States rejects that tribunal's authority to judge its citizens.

Spain, unlike some countries, has not signed any bilateral agreement with the United States to exempt U.S. citizens from charges of human rights abuses in the International Criminal Court.

The Pentagon would not comment specifically on the Couso lawsuit.

However, Pentagon spokesman Lt. Commander Jeff Davis said:

``We try to avoid casualties of any innocent civilians but unfortunately war - despite the best measures - will result in casualties of innocents. That's a reality of war; a tragic and sad thing.

05/28/03 15:52 EDT

[JusPasenThru]

Does this mean that U.S. Marines get to sue Al-Fedayeen for wanton endangerment?
Where are all the g*dd*mn lawyers when you need them?

[Howlin]

There were quite a few articles about this incident, calling into question exactly what killed these reporters.

They may be opening up a can of worms they don't want to.

[Torie]

I would think the doctrine of sovereign immunity would protect individual troops from being sued individually while acting within the course and scope of their employment. But I could be wrong.

[liberalnot]

stupid.

no one forced him to go to iraq.

does this mean that the families of foreign journalists killed in spain preceding ww2 will be compensated?

[2ndMostConservativeBrdMember]

The dictatorial leader of a nation rapes and kills women and children, tortures and kills his own people, steals the wealth of the nation and blows it all on palaces and toys for himself and his family, produces weapons of mass destruction and supports terrorists. "Let's inspect this. Give us more time."

In the midst of war and battle soldiers shot back in the area from which they were being fired upon. Crime?

Am I the only one who thinks the world could use a little more logic?

[Timesink]

Dear Couso family:

Here's hoping the rest of you are next.

Sincerely,
The United States of America

[arjay]

It is not logic, it is MONEY. The lawyers have found a way to try to make money of the US.

[mathurine]

If everybody knows who is responsible, subpoena everybody or a statistically acceptable random sample of everybody. In the former case it will require several billion witnesses and in the latter only about four thousand, but in either case, after endless testimony the difference between what "everybody knows,"what everybody is presumed by some dunderhead lawyer to know; what only those who were there could actually know, and certain other realities would become apparent after a very long trial. Sorry the war correspondents died, but C'est la guerre isn't a term unique to this time and place. Nobody makes a reporter go stay in a hotel at ground zero.

[harpo11]

FO Bump! This is insane.

[sheikdetailfeather]

I specifically remember that day. Fox reported sniper fire coming out of that building at our troops for most of the day. I kept wondering when we were going to respond and I could not believe how long we waited. I find it amazing that journalists say they heard no sniper fire when the news reported it. I taped the whole war and have the report on tape.

[Howlin]

I'm positive that there were articles about this -- I'm going to look for some.

[katz]

Right. Follow the money.

[katz]

The lawyers are defending Muslim women who want to wear masks for photo ID's!

[zip]

Am I the only one who thinks the world could use a little more logic?

First - No, many of us are out here.

Secondly - WELCOME STRANGER, Where have you been?

[2ndMostConservativeBrdMember]

Hi! I guess it was a rhetorical question.

I've been kicking butt and taking names. It's nice to have a little time to Freep for a change. I've missed you all.

[zip]

I guess it was a rhetorical question.

I knew that. lol

Seriously, I have missed your comments and am really glad to "see" you again.