More On Haditha Acquitals

Haditha Investigator Urges Dropping of Marine's Case

By Josh White
Washington Post Staff Writer
Friday, August 24, 2007

An investigating officer has recommended that a Marine Corps general drop all charges against a Marine accused of murdering civilians in Haditha, Iraq, finding again that the 2005 shootings were "tragedies" but that the Marine did not violate the laws of combat.

Lt. Col. Paul J. Ware wrote in a 29-page report that there is insufficient evidence to show that Lance Cpl. Stephen B. Tatum did anything other than follow Marine Corps rules when he killed women and children in two houses in a residential neighborhood in Iraq on Nov. 19, 2005. Ware found that Tatum followed orders to attack the houses and shot a group of civilians only because another Marine in the unit was already shooting at them.

The case is the second in which Ware has recommended to Lt. Gen. James N. Mattis that charges be dismissed, arguing in both instances that the Marines were operating in a complex combat environment. Mattis agreed with Ware's earlier recommendation and dismissed all charges against Lance Cpl. Justin L. Sharratt, who killed a group of men in a house hours after Marines stormed into two homes and killed civilians inside.

The shootings began after a bomb blast killed one Marine and injured two others as the unit drove a convoy through Haditha. The Marines then killed a group of men who were in a car nearby before heading into two houses in the vicinity. Ware found that Tatum was following his rules of engagement when he fired his rifle in the two houses.

"What occurred in house 1 and house 2 are tragedies," Ware wrote. "The photographs of the victims are heart wrenching, and the desire to explain this tragedy as criminal act and not the result of training and fighting an enemy that hides among innocents is great. However, in the end, my opinion is that there is insufficient evidence for trial. LCpl Tatum shot and killed people in houses 1 and 2, but the reason he did so was because of his training and the circumstances he was placed in, not to exact revenge and commit murder."

Jack B. Zimmermann, a civilian attorney for Tatum, said he is pleased with the report and will await Mattis's ruling before commenting further. Should Mattis dismiss the charges, it would leave pending murder charges in the case against one enlisted Marine, Staff Sgt. Frank D. Wuterich.

"On 19 November 2005, in the mere seconds LCpl Tatum had to make a decision, he acted in accord with training, to engage targets that a fellow Marine was firing at, without time to fully assess the situation and reflect on what SSgt Wuterich was doing," Ware wrote. "It is only in hindsight that we can start to question why SSgt Wuterich was firing his weapon at children and conclude that LCpl Tatum should have deemed such actions were unwarranted."

Marine Adviser Recuses Himself From Case
Associated Press 08.14.07, 10:32 PM ET

CAMP PENDLETON, Calif. -

A top legal adviser at Camp Pendleton who was accused of making "inappropriate and imprudent" comments recused himself from the case against a Marine charged with murdering Iraqi civilians in Haditha.

Lt. Col. Bill Riggs is a senior legal adviser to the general overseeing the prosecution of five Marines charged in the slayings. Riggs recused himself from the case against Lance Cpl. Stephen Tatum, a military spokesman said Tuesday.

His action came after he contacted Lt. Col. Paul Ware, the investigating officer who had reviewed evidence against another Marine facing murder charges. Riggs allegedly criticized the officer for being too stringent in assessing the government's case against Lance Cpl. Justin Sharratt.

"He believed my report ... adjudicated facts like in a trial and was interpreted by some as a declaration that Lance Cpl. Sharratt is innocent," Ware wrote in an Aug. 1 e-mail to several attorneys. "I viewed Lt. Col. Riggs' comments as inappropriate and imprudent. ... I was ... offended and surprised by this conversation."

After Ware filed his report about Sharratt, Lt. Gen. James Mattis dismissed all charges against the Marine.

Ware is also assessing evidence against Tatum, and will be the investigating officer at the upcoming preliminary hearing for Staff Sgt. Frank Wuterich, who is accused of murdering 18 civilians on Nov. 19, 2005.

Riggs could not be reached for comment. He recused himself from the Tatum case "to make sure there was no appearance of impropriety," Marine spokesman Lt. Col. Sean Gibson said.

General Praises Exonerated Haditha Marine

Phil Brennan, NewsMax
(Friday, Aug. 10, 2007)

In exonerating Lance Cpl. Justin Sharratt of all charges against him arising out of the incident in Haditha in November 2005 including murder, Lt. Gen. James Mattis praised the young Marine who is among the Marines who were accused of cold-blooded murder by Rep. John Murtha, D-Pa.

As correspondent Nat Helms has written, Murtha publicly labeled the Marines cold-blooded murderers and liars who covered up the crime to protect their skins last year. He repeatedly told reporters interviewing him on CNN and other news outlets that he obtained his evidence from the Time magazine stories, which he failed to explain were based on statements by two known insurgent propagandists.

After agreeing with the Investigating Officer's recommendation that all charges against Sharratt, a veteran of the bloody battle of Fallujah in 2004 and the insurgent ambush in Haditha on Nov. 19, 2005, Mattis assured Sharratt that he could reflect with satisfaction over his service in Iraq.

"You have served as a Marine infantryman in Iraq where our nation is fighting a shadowy enemy who hides among the innocent people, does not comply with any aspect of the law of war, and routinely targets and intentionally draws fire toward civilians," Mattis wrote in his decision.

"Operational, moral and legal imperatives demand that we Marines stay true to our own standards and maintain compliance with the law of war in this morally bruising environment," he said.

"With the dismissal of these charges, you may fairly conclude that you did your best to live up to the standards ... In the face of life or death decisions made by you in a matter of seconds in combat."

In recommending that the charges against Sharratt be dropped, Lt. Col. Paul Ware who conducted the grand jury-like Article 32 hearings found that murder charges brought against Sharratt were based on unreliable witness accounts, insupportable forensic evidence and questionable legal theories.

"The government version is unsupported by independent evidence," he wrote in his report to Mattis.

"To believe the government version of facts is to disregard clear and convincing evidence to the contrary."

Prosecutors had charged that Sharratt and other members of his battalion went on a rampage and killed Iraqi civilians after a roadside bomb killed a fellow Marine. Sharratt said the Iraqi men he confronted were insurgents and at least one was armed with AK-47 rifle when he shot him.

Ware maintained that prosecution of Sharratt could set a "dangerous precedent that ... May encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and its mission in Iraq."

"Even more dangerous is the potential that a Marine may hesitate at the critical moment when facing the enemy," Ware said.

Charges Against Cpl. Sharrat Dropped in Haditha Case
Thursday, Aug. 9, 2007

A general dropped all charges Thursday against a Marine who had been accused of killing three Iraqi brothers in response to a roadside bomb attack in Haditha in 2005.

"The evidence does not support a referral to a court-martial," Lt. Gen. James Mattis wrote in his written decision.

Lance Cpl. Justin L. Sharratt, 22, had been charged with the murder in the deaths of three of those killed after the bomb attack Nov. 19, 2005.

The decision to drop the charges followed an earlier recommendation from a hearing officer who listened to evidence in the case. Under military law, a commanding general has total jurisdiction over a case.

In his recommendation, Lt. Col. Paul Ware said murder charges brought against Sharratt were based on unreliable witness accounts, poor forensic evidence and questionable legal theories.

"The government version is unsupported by independent evidence," Ware wrote in an 18-page report. "To believe the government version of facts is to disregard clear and convincing evidence to the contrary."

Charges for Haditha Investigator Dropped

Thursday, Aug. 9, 2007

The Marine Corps has dropped all charges against a captain accused of failing to investigate the deaths of 24 civilians and another Marine accused in some of the killings, the Corps announced Thursday.

Capt. Randy W. Stone, 35, a battalion lawyer from Dunkirk, Md., was one of four officers charged with failing to adequately probe the killings.

"It is clear to me that any error of omission or commission by Capt. Stone does not warrant action under the Uniform Code of Military Justice," Lt. Gen. James Mattis wrote.

The Corps also announced that charges had been dismissed against Lance Cpl. Justin Sharratt, who was accused of murdering three brothers in the assault that followed a deadly roadside bombing of U.S. troops.

The decision to drop the charges against Sharratt followed an earlier recommendation from Lt. Col. Paul Ware, a hearing officer.

"The government version is unsupported by independent evidence," Ware wrote. "To believe the government version of facts is to disregard clear and convincing evidence to the contrary."

Prosecutors alleged Sharratt and other members of his battalion engaged in a revenge-motivated assault on Iraqi civilians after a roadside bomb killed a fellow Marine. Sharratt contended the Iraqi men he confronted were insurgents and at least one was holding an AK-47 rifle when he fired at them.

Ware said prosecution of Sharratt could set a "dangerous precedent that ... may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and its mission in Iraq."

"Even more dangerous is the potential that a Marine may hesitate at the critical moment when facing the enemy," Ware said.

Besides Sharratt, two other enlisted men were charged with murder. Four officers, including Stone, were accused of failing to investigate the deaths.

Here is Mattis's statement concerning his decision to drop all charges against Sharratt in the Haditha murder case:

"The events of November 19, 2005 have been exhaustively reviewed by Marine, Army, and Naval Criminal Investigative Service investigators. An independent Article 32 Investigating Officer has considered all the facts and determined that the evidence does not support a referral to court-martial for LCpl Sharratt. Based on my review of all the evidence in this case and considering the recommendation of the Article 32 officer, I have dismissed the charges against LCpl Sharratt.

"LCpl Sharratt has served as a Marine infantryman in Iraq where our Nation is fighting a shadowy enemy who hides among the innocent people, does not comply with any aspect of the law of war, and routinely targets and intentionally draws fire toward civilians. The challenges of this combat environment put extreme pressures on our Marines. Notwithstanding, operational, moral, and legal imperatives demand that we Marines stay true to our own standards and maintain compliance with the law of war in this morally bruising environment.

"The experience of combat is difficult to understand intellectually and very difficult to appreciate emotionally. One of our Nation's most articulate Supreme Court Justices, Oliver Wendell Holmes, Jr., served as an infantryman during the Civil War and described war as an 'incommunicable experience.' He has also noted elsewhere that 'detached reflection cannot be demanded in the face of an uplifted knife.'

Marines have a well earned reputation for remaining cool in the face of enemies brandishing much more than knives. The brutal reality that Justice Holmes described is experienced each day in Iraq, where Marines willingly put themselves at great risk to protect innocent civilians. Where the enemy disregards any attempt to comply with ethical norms of warfare, we exercise discipline and restraint to protect the innocent caught on the battlefield. Our way is right, but it is also difficult.

"With the dismissal of these charges LCpl Sharratt may fairly conclude that he did his best to live up to the standards, followed by U.S. Fighting men throughout our many wars, in the face of life or death decisions made in a matter of seconds in combat. And as he has always remained cloaked in the presumption of innocence, with this dismissal of charges, he remains in the eyes of the law - and in my eyes - innocent."

Lt. Gen. James Mattis also dismissed charges against Capt. Randy Stone in the Haditha case.

Document:
Last Update:

© Kortegaard Engineering ©