Posted on 07/12/2007 6:30:18 PM PDT by RedRover
Hearing fact sheet
The hearing is scheduled to commence July 16, 2007.
The accused, LCpl. Stephen Tatum, was 25-years-old at the time of the incident, and was on his second combat tour. In 2004, Tatum fought (along with LCpl. Justin Sharratt) in the "House from Hell" in Fallujah .
Preferred Charges and Specifications:
Charge I: Violation of the UCMJ, Article 118 (Unpremeditated murder)
(Maximum punishment: such punishment other than death as a court-martial may direct. [Dishonorable discharge, forfeiture of all pay and allowances, confinement for life])
Specification 1: did murder Noor Salim Rasif.
Specification 2: did murder Zainab Unes Salim.
Charge II: Violation of the UCMJ, Article 134 (Negligent Homicide)
(Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, confinement for 3 years)
Specification 1: did unlawfully kill Abdul Hameed Husin Ali.
Specification 2: did unlawfully kill Guhid Abdalhamid Hasan.
Specification 3: did unlawfully kill Asmaa Salman Rasif, also known as Asamaa Salman Rasif.
Specification 4: did unlawfully kill Abdullah Waleed Abdul Hameed, also known as Abdullah Waleed Abdul.
Charge III: Violation of the UCMJ, Article 128 (Assault)
(Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years)
Specification: did commit an assault upon Eman Waleed Al Hameed and Abid Al Rahman Waleed Al Hameed.
Convening authority: Lt. Gen. James Mattis, commanding general for the 1st Marine Expeditionary Force and Marine Forces Central Commander for Afghanistan, Iraq and Africa.
Investigating officer: Lt. Col. Paul J. Ware.
Defense counsel: Jack B. Zimmermann (civilian attorney); Lt Col. Matthew Cord and Maj. Jeffrey Muñoz (military attorneys)
How the incident in this house occurred according to the media:
Josh White in the Washington Post (January 6, 2007):
[After the IED was detonated] Wuterich, Salinas, Tatum and Lance Cpl. Humberto M. Mendoza formed a team to attack the house, launching grenades first and then busting through the door.
"I told them to treat it as a hostile environment," Wuterich told investigators. "I told them to shoot first, ask questions later."
Defense attorneys have argued that the men were following their "rules of engagement" when they shot into the homes, using effective techniques in a difficult environment....
After entering the first house through a kitchen, Tatum told investigators, he heard what he believed was an AK-47 rifle being "racked," or readied to fire, around a corner. He and Salinas tossed grenades into the room, according to the documents. Waleed Hasan, 37, was killed. Khamisa Ali, 66, was shot dead in the hallway before four others were killed in a bedroom by grenades and rifle fire.
Nine-year-old Eman Hamed told investigators that a grenade landed near her grandfather's bed and exploded, sending shrapnel through the room. Her mother and 4-year-old brother were killed as she huddled, injured, with another brother, Abid, 6, who survived. "All rooms," Abid told investigators. "They were shooting in all rooms."
Several Marines said they quickly cleared the home by fire, shooting through the dust, debris and darkness to eliminate what they believed was a threat.
From there, Wuterich, Mendoza and Tatum said, they moved to a second house after suspecting that insurgents might have escaped. Mendoza told investigators that the Marines approached the second house the same way they did the first, treating it as hostile, according to his sworn statement. Mendoza said he shot a man, 43- year-old Yunis Rasif, through the house's glass kitchen door.
"I fired because I had been told the house was hostile and I was following my training that all individuals in a hostile house are to be shot," Mendoza told investigators. The Marines then entered the house and tossed grenades before firing into a back bedroom, which they later found was filled with women and children.
"Knowing what I know now, I feel badly about killing Iraqi civilians who may have been innocent, but I stand fast in my decisions that day, as I reacted to the threats that I perceived at the time," Tatum said. "I did not shoot randomly with the intent to harm innocent Iraqi civilians."
What to expect at the hearing: The prosecution will hit hardest on the action in house number two. They will argue that the Marines should have stopped to reconsider their tactics after seeing that civilians were killed in house number one.
The greatest weakness of the prosecution's case is that it is largely built on witness testimony, tape recorded in Iraq. Nearly all such testimony was discounted in the LCpl. Sharratt hearing and will undoubtedly be so again.
The only witness to the events in house number two is 13-year-old Safa Younis. She gave wildly different accounts to the media about what happened that morning. If inconsistencies don't disqualify her as a witness, her desire for revenge should. Regarding the Haditha Marines, she told CNN, "I want them to be tortured and killed. And I want them to leave our country."
In house number one, LCpl. Tatum is charged with unlawfully killing Abdul Hameed Husin Ali (age, late 70’s) Guhid Abdalhamid Hasan (30) Asmaa Salman Rasif, also known as Asamaa Salman Rasif (32) Abdullah Waleed Abdul Hameed, also known as Abdullah Waleed Abdul (4) and assaults upon two Iraqis (both children) who survived the attack, Eman Waleed Al Hameed Abid Al Rahman Waleed Al Hameed.
In house number two, LCpl. Tatum is charged with the murder of Noor Salim Rasif (14) Zainab Unes Salem (3).
There's really nothing more to say. The insurgents planted an IED. Set it off by remote. Hid among civilians.
So how did they get to Murtha? Someone finally figured out he takes bribes or what?
He definitely has something to account for in this.
OK, folks, my computer is definitely stalling...
Among other things, it's very rare for Article 32s to take as long as these have taken. What that means is that more evidence is being examined more closely than is the norm.
If Gen Mattis follows the IO's strong recommendation and dismisses charges against LCpl Sharratt, that would be the rarest of occurances. Murder cases nearly always go to court martials.
Some supporters of Gen Mattis believe he is being a fox. The general does not believe these men are guilty, I've heard it said, but wanted to get everything on record so the Marines could be exonerated. That's just speculation, of course, but it makes some sense given the lengthy nature of the Article 32s.
Marine charged in deaths of Iraqis in Haditha says he was responding to legitimate threat, Associated Press, July 16, 2007
SAN DIEGO (AP) -- A Marine charged with murdering two Iraqi girls and killing other civilians in the town of Haditha believed he was following procedure by confronting a threat with deadly force, his attorney said Monday at the military equivalent of a grand jury hearing.
Lance Cpl. Stephen B. Tatum has acknowledged killing several Iraqis on Nov. 19, 2005, but he says he was responding to a legitimate threat. His squad killed 24 civilians in Haditha that day after a roadside bomb killed a Marine nearby.
"He was taught that deadly force is the proper response to a threat," attorney Jack Zimmerman said of Tatum.
Tatum also is charged with the negligent homicide of two men, a woman and a child, and with assaulting two men. The Marine, wearing his desert camouflage uniform in military court, spoke only to confirm his identity.
If convicted of murder, he faces life in prison.
After the Article 32 investigation, hearing officer Lt. Col. Paul Ware will assess the evidence against Tatum and make a recommendation about whether he should face a court-martial. The final decision rests with Lt. Gen. James Mattis, the general overseeing the deadliest criminal case to emerge from the war.
"Knowing what I know now, I feel badly about killing Iraqi civilians who may have been innocent," Tatum told Navy investigators in March 2006. "But I stand fast in my decisions that day, as I reacted to the threats that I perceived at that time."
The Edmond, Okla., native is the second of three enlisted Marines in the case to face a hearing to assess whether his charges should be referred to a court-martial.
Last week, an investigating officer determined the government's evidence against Lance Cpl. Justin L. Sharratt was insufficient for a court-martial and recommended that Mattis drop the charges.
Tatum's Marine squad went house to house in Haditha looking for insurgents after the roadside bomb exploded.
According to investigative documents, Tatum and several other Marines went into one house, where he said he and Cpl. Hector Salinas threw grenades into a room after hearing what they thought was the metal-on-metal sound of an AK-47 being readied to fire. The squad leader, Staff Sgt. Frank Wuterich and Lance Cpl. Humberto Manuel Mendoza then fired into the room.
Tatum said he joined in the firing and shot at least four people at a distance of about 20 feet. He said he did not positively identify those he shot as insurgents because he considered the entire house to be hostile.
Mendoza has been given immunity from prosecution and may testify at Tatum's hearing.
The preliminary hearing for Wuterich, who is charged with murdering 18 Iraqis, is set for Aug. 22.
In another house, Tatum said he may have shot as many as five people. He determined the house was hostile because Wuterich began firing.
"I did not positively identify anyone in the room as I could only make out shapes kneeling down and I considered anyone to be hostile based on Sgt. Wuterich's engagements in the room," Tatum told investigators. "I did not shoot randomly with the intent to harm innocent Iraqi civilians."
Aside from the three enlisted Marines charged with murder, four officers are charged with dereliction of duty for failing to investigate the deaths. A hearing officer for Lt. Col. Jeffrey Chessani, the highest-ranking Marine charged, has recommended he face a court-martial on charges of dereliction of duty and violating a lawful order for failing to investigate the deaths.
Thanks, Red.
Notice that they no longer mention the fourth enlisted Marine, Dela Cruz, as his charges were dropped.
Mendoza has been given immunity from prosecution and may testify at Tatum's hearing.
I'm lost.
If you look at the diagram in post # 1, you’ll see that Cpl. Mendoza shot and killed an insurgent in house number 2.
I don’t know if the question is why Cpl Mendoza wasn’t charged or why the others were.
Sorry, I flew past the diagram. However comma I might need you to clear up another question after I read it again.
Hearing Continues in Haditha Case, Associated Press, July 17, 20067
CAMP PENDLETON, Calif. -- Unlike several members of his squad, Lance Cpl. Humberto Manuel Mendoza is not facing charges for shooting two Iraqis in Haditha after a fellow Marine was killed in a roadside bomb.
Instead, the 22-year-old infantryman has been given immunity from prosecution in the case. He is required, however, to testify against his fellow Marines.
Mendoza was expected to take the stand Tuesday at a preliminary hearing for Lance Cpl. Stephen Tatum, one of three Marines charged with murder in the deaths of 24 Iraqis in Haditha in November 2005.
Another squad member, Sgt. Sanick P. Dela Cruz, may also testify Tuesday. The government dropped murder charges against Dela Cruz in April and he also was given immunity from prosecution.
They are among at least seven Marines to receive immunity in the case.
Mendoza told investigators in March 2006 he shot at least two men because they were in houses declared hostile.
Several members of the squad assaulted the homes in a search for insurgents after a roadside bomb blast killed one Marine.
Mendoza said he and several other Marines, including Tatum, went to a house soon after the blast. There, Mendoza told investigators, he shot a man in a room who was standing by a closet.
"He opened the closet door with his left hand and was reaching inside with his right hand while looking at me. ... I shot him several times," Mendoza in a statement. "I never said anything to him."
Mendoza said he shot another man through a glass door in a different house.
"I was following my training that all individuals in a hostile house are to be shot," Mendoza told investigators.
Mendoza was given immunity Dec. 18, just days before the Marine Corps announced murder charges against four enlisted men and dereliction of duty charges against four officers.
Tatum is charged with murdering two Iraqi girls and killing other civilians in Haditha. At the opening of his hearing Monday, his attorney said Tatum believed he was following procedure by confronting a threat with deadly force.
Besides unpremeditated murder, Tatum is charged with negligent homicide on suspicion that he unlawfully killed two men, a woman and a young boy. He is also accused of assaulting another boy and a girl. If convicted of murder, he faces up to life in prison.
The squad leader, Staff Sgt. Frank Wuterich, is charged with murdering 18 Iraqis. His preliminary hearing is set for Aug. 22.
After the Article 32 investigation, the military equivalent of a grand jury proceeding, hearing officer Lt. Col. Paul Ware will assess the evidence against Tatum and recommend whether he should face a court-martial. The final decision rests with Lt. Gen. James Mattis, the general overseeing the case.
"Knowing what I know now, I feel badly about killing Iraqi civilians who may have been innocent," Tatum told Navy investigators in March 2006. "But I stand fast in my decisions that day, as I reacted to the threats that I perceived at that time."
how does Mendoza’s testimony help the prosecution ?
it dove-tails nicely with everything the defense has brought out - since immunity was granted.
I’m guessing DeLa Cruz’s testimony also damn’s the prosecution, though his original story seems to indicate otherwise.
Time for this farce to end.
Semper Fi....far and wide.
That simply is not true. He is required to tell the truth. If he has nothing "against" them to say, OR if he is not sure, then he should not make stuff up.
The media has acted so far as if all of these guys are guilty. They write their stories that way.
The evidence will show that there was a huge firefight going on all around them with other squads from this platoon engaged. There are grenades going off, machine guns rattling, small arms fire, and eventually even bombs going down on the houses all around.
These write-ups give the impression that this was some quiet neighborhood, except for an IED explosion, that was invaded by storm trooper Marines looking for retribution.
What a crock!
Our Marines are innocent unless railroaded due to command influence by the chair of the Armed Service Committee of the Appropriations Committee...John Murtha.
Mendoza has my respect for now. According to the article he did his job and he stayed alive. Hopefully you won’t do a “shame ping” this evening stating otherwise.
The very fact that he shot two military age males in the houses undermines the government's case that the Marines were executing civilians in a rage.
So I'm on pins and needles, waiting to hear what Mendoza has to say. The thing that seems hinky is that Cpl. Hector Salinas (who also fired in houses one and two) has not been granted immunity. In fact, Cpl. Salinas has been involuntarily held for a year past his enlistment on the grounds that the investigation was still ongoing. Yet Mendoza was granted immunity on December 18th--a few days before charges were announced.
So, I guess we now know why there were only 22 murder charges out of 24 civilians killed that day. The two men that Mendoza killed. Somehow, NCIS decided these were legitimate, but the others weren’t? I agree with you, Red, I doubt he’s a prosecution witness.
That is a shame about Cpl Salinas. I thought he had been granted immunity. It’s quite interesting why some were and some weren’t charged, but had fired or thrown grenads in the houses. Makes me wonder what NCIS/prosecutions motivations were in their selection process.
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