Haditha Article 32: Capt. Randy W. Stone

Defend Our Marines ^ | May 4, 2007 | David Allender

[RedRover]

Hearing fact sheet

The accused: Capt. Stone was the staff legal officer for the 3rd Battalion, 1st Regiment when the incident occurred. Stone, who completed his officer training course in August 2003, was on his first tour in Iraq at the time of the Haditha incident. He is a 34-year-old Maryland native, currently assigned to legislative affairs duties. Capt. Stone is facing up to two years in prison and dismissal from the service if ordered to trial, convicted and sentenced to the maximum punishment.

Preferred Charges and Specifications:

Charge: Violation of the UCMJ, Article 92

Specification 1 (Violation of a lawful order): wrongfully failed to ensure accurate reporting and a thorough investigation into a possible, suspected, or alleged violation of the law of war by Marines from his Battalion. (Maximum punishment dismissal, forfeiture of all pay and allowances, and confinement for 2 years).
Specification 2 (Dereliction): negligently failed to ensure that this possible, suspected, or alleged violation of the law of war was accurately reported to higher headquarters.
Specification 3 (Dereliction): negligently failed to ensure that a thorough investigation was initiated into this possible, suspected, or alleged violation of the law of war. (Maximum punishment: [willful] Dismissal, forfeiture of all pay and allowances, and confinement for 6 months [through neglect or culpable inefficiency] Dismissal, forfeiture of two-thirds pay per month for 3 months, and confinement for 3 months).

Investigating officer: Maj. Thomas McCann

Convening authority: Lt. Gen. James Mattis, commanding general for the 1st Marine Expeditionary Force and Marine Forces Central Commander for Afghanistan, Iraq and Africa.

Expected duration of the hearing: At least four days.

Unprecedented prosecution: The charges against Capt. Stone represent the first time a legal officer has been accused of a crime arising out of his handling of a battlefield report.

In Capt. Stone's defense: Lead civilian attorney, Charles Gittins, says, "General Huck did not believe there should have been an investigation, nor did the staff judge advocate for the regiment. My client was the lowest-level guy and he reported everything that he had been told. There was no requirement that he should have done more. I don't think the people who made the charging decision thought it through -- it seems like they just threw everything at a dartboard."

Expected witnesses: Maj. Gen. Richard Huck (former commanding general of the 2nd Marine Division based at Camp Lejeune, North Carolina, who at the time of the incident, was in charge of troops in Haditha ), "two other Marine officers who were in Iraq when the killings took place" (according to the North County Times), Sgt. Sanick Dela Cruz.

What's crucial: Maj. Gen. Huck's testimony could clear Capt. Stone. (As a side note, it's very rare for a general to testify for either side in a court case. Naturally, the investigating officer will give a great deal of weight to his testimony.)

Also at stake: Three other officers are facing charges similar to those of Capt. Stone: Lt. Col. Jeffrey Chessani, Capt. Lucas McConnell and 1st Lt. Andrew Grayson. The result of Capt. Stone's hearing will impact the other three officers, as well as the three enlisted Marines (Staff Sgt. Frank Wuterich and  Lance Cpls. Justin Sharratt and Stephen Tatum). All the accused are from Camp Pendleton's 3rd Battalion, 1st Marine Regiment.

Information drawn from various articles in the North County Times

[Shelayne]

The allegations that two dozen civilians who died at the hands of the battalion's Kilo Company on Nov. 19 were killed in violation of the rules of engagement did not emerge until a Time magazine reporter began asking questions in January, Carrasco said.

I hope Tim McGirk has MANY sleepless nights. This is on him and Murtha, who should be run out of town on a rail.

[Shelayne]

If true—that would be blockbuster!

Oh, I would love to see that gargantuan steaming pile brought up on charges of treason! Heck, send him to Gitmo, where he can get the real “insiders view”.

Thanks for the info!

[RedRover]

If i am correct, Lucian Read sent the TAXI into Haditha giving location of our troops.

If you feel a need to spread that kind of bullshit, please do it somewhere else.

If you truly want to help the Marines, there are constructive things you could be doing. Making up stories is not helping anyone.

[Roadrunner52]

Fine.
I’m outta here.....

[jazusamo]

Well said, Red. You said in a few words what took me several posts to try to convey to Roadrunner.

I can tell you all i am working with some pretty reliable people and media “in the loop”. Some of the defense lawyers have even written me a short “thanks”.

Here's you chance for the verification I was asking for, Roadrunner. Name names so we can check it out. If you're not comfortable disclosing those names on the forum you can FReepmail them.

[freema]

Do you have the dates? The list I put together? I don’t know where I put it and I want to check something out.

[freema]

The Marine Corps initially said that 15 civilians died in crossfire.............................................

[Defend Our Marine]

Thank you RedRover for responding to Roadrunner as you did.

Lucian is a great guy and great friend to our Marines!

[RedRover]

I know and I’m sorry you had to read that crap. It’s disgusting.

[RedRover]

Okay, let's start by trying to find the best stuff from or about the Lt. Kallop testimony. Here are a couple candidates...

From the San Diego Union-Tribune:

“I thought the Marines had operated as best they could in an uncertain environment,” Kallop said. “I had faith in my squad leader, who had told me what happened and why.”

Wuterich said that the vehicle had stopped just as the bomb exploded, and then its five occupants got out and started running away, Kallop testified. The Marines shot them, Kallop remembered Wuterich saying, because they were of military age and didn't heed orders to stop. “I said, 'Roger that,' and I believed them,” Kallop testified.

Lt. Col. Sean Sullivan, a prosecutor, questioned Kallop about his training in the military's war laws. Sullivan asked whether Kallop knew he had to report the killing of civilians to his superiors. Kallop testified that his main priority was to support his Marines, who might have been traumatized by the loss of Terrazas.

“I said, 'OK, there was a (lousy) outcome. But you guys were trying to do the right thing,' ” Kallop recalled.

From the New York Times:

He said Sergeant Wuterich had told him that they had killed people in one house after approaching a door to it and hearing the distinct metallic sound of an AK-47 being prepared to fire.

“I thought that was within the rules of engagement because the squad leader thought that he was about to kick in the door and walk into a machine gun,” Lieutenant Kallop said. “Corporal Salinas told me the same thing.”

Later he added, “I had no doubt in my mind that they were telling the truth.”

[Girlene]

Good stuff on Kallop. I thought this one was pretty clear in setting the tone (from NC Times)

Stone's' attorney Charles Gittins asked Kallop what the Marines did wrong that day.

"Nothing," Kallop said, adding he did not believe the incident required anything more than a standard "after-action" review by commanders in the field.

[Girlene]

You might mention a few things about Kallop.

1. Given immunity

2. He was the one that gave the order to clear the first house

3. He was deploying out, last chance to give testimony in person (wasn’t he flown back in from a ship?) see your post #111 from this thread.

[RedRover]

Hold the wedding. Here are some good bits from the Marine Corps Times: Platoon CO grilled about Hadithah response.

Kallop had responded to the scene of the roadside bomb with a quick-reaction force after they heard the explosion at their base a few kilometers away. At the scene, at least one Marine [Cpl. Hector Salinas]told him that they were taking enemy fire.

Kallop told Wuterich, now a staff sergeant, "to clear a group of buildings" south of the bomb crater.

"At the time, I didn’t see any insurgents I didn’t see any bad guys," the lieutenant said....

Kallop said he later went into one of the two houses where 17 civilians, including several women and children, were killed and others were wounded. "I just wanted to see what happened," he said.

The scene jarred him, but didn't prompt him to report to superiors anything out of the ordinary.

Kallop testified that he thought, "What the crap? Where's the bad guys? Why weren't there any insurgents in here?" He looked at one of his corporals, who earlier had reported taking enemy fire, "and he looked shocked."

Later, in a brief conversation of "20 to 30 seconds" with Wuterich, Kallop said that the squad leader told him that he had heard noises behind a door in the house that sounded like the bolting action of an AK-47 rifle. "From what he told me," Kallop said, "I thought that [their response] was within the rules of engagement because the squad leader felt he was going to kick in a door and walk into a machine gun nest."

Kallop didn't ask many questions of Wuterich, and the lieutenant said he didn't think they had anything more to tell him about the deaths.

"You didn't even have one question?" Sullivan asked.

"I had faith in my squad leader, who told me what happened and why," Kallop replied. "The first team leader also told me the same thing."

Neither Marine specifically told them about the civilians killed, including the children, he added, but he didn’t ask about that. "It's not like they were trying to hide it, sir," Kallop added.

Sullivan pressed on, asking Kallop why he didn't get a post-incident report from Wuterich that noted the civilian deaths as is done in accordance to law-of-war training. "They had been trying to engage the enemy in the best possible way that they can," he replied.

Kallop reported by radio "10 to 15" deaths into the Kilo Company operations center, but doesn't recall if he specified whether they were civilians.

In questioning by the investigating officer, Kallop said that the company's response to complaints by local residents was that while the Marines "tried to do the right thing," "the insurgents created the problem for you."

"That was kind of the general consensus" within the battalion, he added.

[Girlene]

Kallop told Wuterich, now a staff sergeant, "to clear a group of buildings" south of the bomb crater.

That's the first time I've seen any indication that Kallop ordered clearing of more than the first house. Makes even more sense why they went on to house #2, now, if this is right.

[RedRover]

Eyes of an eagle, Girlene. Yes, that’s very significant.

My prediction is that the accused enlisted men will have a harder time clearing themselves of the charges for house number two. After the first house, the prosecution will argue that they should have shown restraint. Lt Kallop’s testimony. whether through deposition or via phone, will continue to be important.

[RedRover]

Okay, Girl, here's my first summary...

Lt. William Kallop

Platoon CO, the only officer on the scene during most of the incident. The lieutenant (granted immunity) testified just prior to the 3/1's third deployment to Iraq.

The lieutenant...

• Responded to the scene of the roadside bomb with a quick-reaction force after they heard the explosion at their base a few kilometers away.
• Was told at the scene by at least one Marine [Cpl. Hector Salinas] that they were taking enemy fire.
• Ordered Sgt. Wuterich "to clear a group of buildings" south of the bomb crater.
• Later went into one of the two houses where civilians, including several women and children, were killed and others were wounded. The scene upset him, but didn't prompt him to report to superiors anything out of the ordinary.
• Spoke briefly to Sgt. Wuterich who told the lieutentant he had heard noises behind a door in a house that sounded like the bolting action of an AK-47 rifle. "From what he told me," Kallop said, "I thought that [their response] was within the rules of engagement because the squad leader felt he was going to kick in a door and walk into a machine gun nest." (The first team leader told Lt. Kallop the same thing as Wuterich.)
• Reported by radio "10 to 15" deaths into the Kilo Company operations center, but doesn't recall if he specified whether they were civilians.
• Didn't receive a post-incident report from Wuterich that noted the civilian deaths. When asked by Lt. Col. Sean Sullivan, a prosecutor, why not, Kallop responded, "They had been trying to engage the enemy in the best possible way that they can."

Quote: “I thought the Marines had operated as best they could in an uncertain environment,” Kallop said. “I had faith in my squad leader, who had told me what happened and why.”

[RedRover]

Here are the next two...

1st Sgt. Albert Espinosa

As Kilo Company's first sergeant, Espinosa testified that one week after the Nov. 19, 2005, incident, he initiated a conversation with Stone at the battalion's command center in Haditha because, "I wasn't happy with the answers I was getting. I thought we need to do an investigation."

Stone told him that a probe was taking place at the battalion level, Espinosa said, later adding that a sergeant major also said it was being addressed at a higher level.

Espinosa said he thought that statements should have been taken from the Marines linked to the killing because that was what had happened in a 2003 incident when a 12-year-old Iraqi girl was slain. Espinosa assisted in that investigation.

Under questioning from Stone's attorney Charles Gittins, Espinosa said he was unaware of what reports were being filed at the battalion level.

Sgt. Sanick Dela Cruz

A corporal at the time of the incident, Sgt. Dela Cruz was granted immunity to testify. He was not involved in the house clearing, and his testimony only effects Sgt. Wuterich.

• Fired at five men at a white taxi moments after Sgt. Frank Wuterich fired a barrage of bullets at the group. (Later, Dela Cruz urinated on one of the dead bodies.)
• Decided to shoot because he assumed from Wuterich's actions that the men were a threat and he wanted to make sure they were dead.
• Claims Sgt. Wuterich asked him, and the rest of the squad, to lie about the incident at the taxi. Dela Cruz testified that Wuterich later told his entire squad to say it was done by Iraqi forces.

Quote: "They were just standing, looking around, had hands up," Dela Cruz said. "Then I saw one of them drop in the middle. I didn't know what was going on."

[RedRover]

Maj. Gen. Richard Huck

Former commanding general of the 2nd Marine Division based at Camp Lejeune, North Carolina, who at the time of the incident, was in charge of troops in Haditha. The general testified via video hookup from the Pentagon.

• There was no early indication that the deaths were not combat-related or warranted an investigation.
• Visited the unit's headquarters in Haditha on Nov. 22, 2005 and received no report that the issue merited review. Reports of the deaths had been sent up the chain of command and up to Gen. George Casey, the top U.S. commander in Iraq at the time of the incident.
• None of those superiors told Huck there should be further investigation into the deaths.
• First heard allegations of Marine misconduct from a Time magazine reporter's questions on Feb. 12, 2006.
• Once he learned details of the event, he directed top aids to "get to the bottom of this" and by Feb 14th the incident was deemed to be under official investigation.

[RedRover]

1st Lt. Adam Mathes and Sgt. Maj. Edward Sax

Both testified they'd been told the deaths occurred in combat.

[RedRover]

Taking a break. Still to come are Lt. Col. John Ewers, Maj. Samuel Carrasco, Maj. Dana Hyatt, Lt. Col. Kent Keith, Capt. Jeffrey Dinsmore and Maj. Kevin Gonzalez.