Decision coming June 16, next big day in Haditha case

Defend Our Marines ^ | June 9, 2008 | Nathaniel R. Helms

[euphoriadev]

If in fact Donahue had a conversation with the convening authority on Hutchins’ case before the decision was rendered, that constitutes unethical behavior on both Donahue and Helland’s part. it’s like the judge in a civilian case discussing his upcoming bench decision with a member of the audience in the courtroom, for God sake. It can help Larry to show that there were behind the scenes meetings going on.

I don’t understand how else to explain it. I don’t understand how YOU don’t understand. Again, not trying to fight with you at all...just explaining why I’m doing what I’m doing. I know that you consider Larry a friend—as do I. But putting up cash for an appeal, when you know you can’t introduce any of the evidence they blocked last time...what does that get you? Especially when you demand that the support system Larry’s known for 2 years just goes away, or you take your money and go home? There’s more to this than you think.

As for lily, again...you forget that I was on the Girouard case for a long, long time. As we say in Oklahoma, this isn’t my first rodeo. (And that in itself is a freaking shame!) I know that case almost as well as I know the P8 case, including lily’s role in the aftermath. I’m not looking to bash her. As I mentioned earlier, I have no beef with lily at all except for how she jumps on people here she doesn’t know. She doesn’t know me, doesn’t know jack about me, and yet talks as if I’m somehow the village idiot who couldn’t possibly know as much as she.

At any rate, you know how to find me if you want to talk about this further. There’s a lot of information that I can share with you that may shed some light on the Donahue situation if you’re interested in knowing the truth. But I’ve no wish to go back and forth on FR with 8 million people jumping on things and thinking this is an internet peeing match.

I trust you care about truth, and so if you want to talk further, my email is 2alpha6@gmail.com.

[ticked]

Hey thanks for posting that link. Good read and I found Jayme Evans site from that site, another one to bookmark.

[xzins]

Jesus said, “A house divided against itself cannot stand.”

Divide and conquer is an ancient tactic. Would that we not see it here.

Lives are at stake, and I do not care who gets credit.

[Girlene]

His piece is well done and shows he was really paying attention during 1st Lt. Grayson’s trial. There are two left to exonerate. Hoping Tuesday brings good news for the Chessani family and defense team.

[jazusamo]

Hoping Tuesday brings good news for the Chessani family and defense team.

BUMP to that, Girl! Praying all charges are dropped.

[RedRover]

I gave YOU Tim’s number, not you gave me Nat’s. If you have a copy of the e-mail otherwise, please advise. Cuz, Tim got called by Nat.

What a waste of time. Still, if I don't reply, you'll start calling me a liar. So here's the chain of events in all its tedious detail.

You FRmailed me on January 4...

Tj needs to talk to you
From RaceBannon | 01/04/2008 3:09:37 PM PST replied
He is working close with people associated with x.
Also, he needs to get Ned Helms corrected, something he wrote indicates he missed some things
Tim’s numbers: xxx-xxx-xxxx. cell = xxx-xxx-xxxx

I wrote you back...

Re: Tj needs to talk to you
To RaceBannon | 01/04/2008 3:37:40 PM PST sent
I got a “not in service” message on the cell phone. Is there another number other than xxx-xxx-xxxx?
I left a message on his home answering machine.
If you speak to Tim before I do, Nat Helms’ number is xxx-xxx-xxxx.

So then Nat calls me. Said Tim had called to say he should stop working with me, that I was being paid off by the generals, or some Goddamn thing. Basically the same message that Bones had e-mailed Nat earlier.

Satisfied?

Cuz, my ability to actually give a shite is running low.

[RedRover]

I do know some people researched you and found some rather questionable things

Name one.

Nice little insinuation. You really are a piece of work, Race.

I've never claimed to be anyone other than someone whose mission was to keep people informed about the Haditha case. And I've done that, to the best of my ability. That's how I judge myself.

Oh, BTW, I don't trust Walt Fitzpatrick more than I trust Ray's family. And to keep harping on this "ex-lover" stuff is really pretty gross.

[Girlene]

I have a question (about Haditha, that is). Ewers and Mattis said they never talked about the Chessani or other Haditha Marines' cases during those long and many meetings about Haditha. However, Ewer not only performed the interviews for the officers in Haditha (to include the three that were censored), but he testified at Stone's trial and telegraphed his opinion of both Stone, Chessani and other officers at Haditha. From North County Times, Legal affairs officer: Haditha decision not criminal

The testimony from Col. John Ewers came on the sixth day of a hearing to determine if Capt. Randy Stone will be ordered to trial for dereliction of duty. Stone was the battalion's legal officer and stands accused of criminal conduct for not investigating the killings, which took place on the morning of Nov. 19, 2005.

"He didn't cover himself with glory ... but without being asked by his commander to do an investigation, I didn't think it rose to the level of criminal dereliction," Ewers said, addressing the heart of the accusations against Stone.

Ewers was assigned in early 2006 to find out why no one from Camp Pendleton's 3rd Battalion, 1st Marine Regiment nor any higher Marine Corps authority ordered an investigation of the incident, which was not probed until after questions were raised in January 2006 by a reporter from Time magazine.

Ewers said his initial determination was that the incident, in which members of the battalion's Kilo Company killed 24 Iraqi civilians after a roadside bomb destroyed a Humvee and killed a Marine, was a "reckless application of the rules of engagement."

As for the decision by battalion commander Lt. Col. Jeffrey Chessani and others not to order an investigation, Ewer said he was "astonished," adding there was "plenty of responsibility to go around" for that decision.

Stone's attorney Charles Gittins called Ewers to testify to establish that he never read the 34-year-old Maryland native his rights before interviewing him in Iraq on March 20, 2006.

Ewers was assigned by the Marine Corps to assist U.S. Army Maj. Gen. Eldon Bargewell in a review of how commanders responded to the news that civilians had been killed after the bombing.

He also testified that he did not believe Chessani placed much reliance on Stone and that Stone was "set up to fail" because he had joined the battalion after its deployment and was never fully integrated into the command staff.

So even if Ewers never talked "directly" to Mattis about Haditha during those meetings,
- He told Mattis his opinion of Chessani's guilt quite directly through Stone's Article 32.
- After attending all those meetings, he brought the knowledge of Mattis' opinion on each Haditha Marine into the courtroom as he testified.

We know Gen. Mattis must have thought highly of Col. Ewer to make him his top legal adviser after his Bargewell assignment. If Gen. Mattis or Col. Ewers think they got around the "appearance" of UCI, they failed (IMO). It's written all over the indirect communications between the two.

[brityank]

The last two paragraphs in Will They Ever Apologize? tell it all:

One thing is clear: resignations and perhaps prison cells are in order for those who allowed this to happen. We can never fix the wrongs committed against these Marines, but the very least we could do is give them a nationwide public apology, legal costs, lost compensation and damages and to see to it that whores such as John Murtha and Dennis Kucinich who sell slander to their constituents in return for votes pay for their wickedness and those who consider following on their footsteps think twice.

The indelible stain that the Haditha incident will leave upon the US Marine Corps and indeed the country is not from the actions of our heroic Marines. It is not from the deaths of innocent civilians, the terrorists who ambushed our Marines bear that responsibility. It is from the rush to judgment; it is from one of the Marines' own --a sitting congressman-- telling the world that he heard from the highest echelons of the Marine Corps that Frank Wuterich's squad committed cold-blooded murder and four officers covered it up. That single, treasonous statement has inflicted more damage to our military than terrorists ever could.

Seems that not only the Marines, but also the Army is infected with propaganda-driven actions by political scum who have sold out our freedom for venal gain.

[RedRover]

he brought the knowledge of Mattis' opinion on each Haditha Marine into the courtroom as he testified.

That's interesting and I never considered that angle of command influence on Ewers' testimony.

Of course, it's possible that this could have a bearing on admissible testimony in the LtCol Chessani trial--if it doesn't get spiked Tuesday.

[jazusamo]

Interesting point, Girl and I think you’re correct.

There’s no doubt that there’s at least the appearance of UCI.

That puts it right back to whether it was appropriate for Gen. Mattis to have chosen Col. Ewers as his legal advisor when Ewers investigated the incident early on and then tesified in Art. 32 hearings knowing that Gen. Mattis had to read and thoroughly study the transcripts from those hearings.

In this light I don’t believe it was appropriate.

[Girlene]

I don't think Col. Ewers testified during Lt. Col. Chessani's Article 32. However, according to Thomas More, Major Setback, He is a witness that the prosecutors plan to call in its case [the upcoming trial] against LtCol Chessani.

Maybe the judge, Folsom, will decide that Col. Ewers cannot be a prosecution witness if the trial goes forward?

[brityank]

Good point, Girl.
I believe this whole debacle for the Haditha Marines falls back to this:

The Marine Corps initially said that 15 civilians died in crossfire and that eight insurgents had been killed.

Despite that first report, when the Marines were charged nine months later, the service said that 24 civilians were killed and did not identify any of the victims as suspected insurgents.

In the end, the Marine Corps made death benefit payments to survivors of all 24, Stone's attorney Gittins said Monday.

IIRC, the Division PIO initially stated that all of the civilian deaths were as a result of the IED, and was lax in issuing a correction until after the story had been reported. Also, the fact that they paid off ALL of the decedents families with maximum solatia payments means they need someone to account for that expenditure. I believe evidentiary statements showed that there were AK47 weapons by the car, and 7x39 cartridge cases were collected in two of the houses.

To live in Haditha during that time, you either accepted or were an insurgent, or you didn't survive. Seems too many REMFs are making front-line decisions they are totally unqualified to make.

[Girlene]

I think that's right. Death benefits were eventually paid for all 24 killed that day. It was easier. The families of those killed in the last house (that LCpl Sharratt was found innocent of any wrongdoing) were paid after NCIS took their statements.

IIRC, the Division PIO initially stated that all of the civilian deaths were as a result of the IED, and was lax in issuing a correction until after the story had been reported.

I don't think the official press release has ever been modified. Go figure.

[brityank]

I have to question how, if Folsom does rule that UCI was in fact evident in the prosecutions charge statements, he can allow a ruling “without prejudice” and permit a refiling.

[jazusamo]

I don't think Col. Ewers testified during Lt. Col. Chessani's Article 32.

That's correct. I was referring to him testifying in Capt. Stone's hearing specifically and any other hearing he "might" testify in.

If he was going to testify in any of the hearings I believe it was improper for Gen. Mattis to appoint him his top legal counsel due to the appearance of UCI.

[smoothsailing]

My pleasure, glad to do it.

[smoothsailing]

Hoping Tuesday brings good news for the Chessani family and defense team.

As do I, my hopes and prayers are with the fine Marine and his family.

[smoothsailing]

Thanks for the post, yank. I'm glad you read the article.

The orchestrated and deliberate environment that these fine Marines have been forced to deal with and endure is an abomination. I can't begin to contemplate the full damage this has caused. It's truly heartwrenching.